Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1604 of 2019 Petitioner :- Om Prakash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Supplementary affidavit filed on behalf of petitioner which is taken on record.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 15.11.2018 registered as Case Crime No.258 of 2018, under section 4 and 5 of the Explosive Act, 1884 and 420, 467 and 468 I.P.C, Police Station Madihan, District Mirzapur.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 22.1.2019 G.S