Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1536 of 2019 Petitioner :- Omprakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. in Case Crime No. 485 of 2018, under Sections 420, 467, 468, 471 I.P.C., registered at P.S. Sahaswan, District- Budaun.
After advancing his arguments at some length, learned counsel for the petitioner gave up his challenge to the impugned F.I.R. and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the petitioner expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the writ petition, In view of the above, we refused to quash the impugned F.I.R.
However, considering the prayer made by the learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Order Date :- 22.1.2019 SA