Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37280 of 2018 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and the AGA for the State and perused the record.
This writ petition has been filed to quash the FIR dated 13.10.2018 registered as Case Crime No. 0490 of 2018, under Section 420, 467, 468, 471 IPC, P.S. Barsana, Distt. Mathura.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the petitioner are not made out.
However, it is observed that in case the the petitioner surrender before the court below and apply for bail within 30 days from today, then same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
It is further provided that if the investigation in this matter has been completed and police report under Section 173 (2) Cr P C has been filed, the petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations, the application stands disposed of.
Order Date :- 19.12.2018 Rahul /-