Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16993 of 2019 Petitioner :- Pradeep Kumar Singh @ Raju Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Suneel Kumar Mishra, learned counsel for the petitioners and Sri Neeraj Kant Verma, learned Additional Government Advocate-I appearing on behalf of the State.
This petition has been filed by the petitioners challenging the F.I.R. dated 02.06.2019 giving rise to Case Crime No. 0123 of 2019, under Sections 323, 308, 504, 506 I.P.C., Police Station Aurai, District Bhadohi.
The submission of the learned counsel for the petitioners is that they have been falsely implicated in the present crime mala fide and the medico legal evidence does not support the prosecution case. It is argued that the medico legal reports are ante-timed, and, therefore, not to be looked into.
However, Sri Neeraj Kant Verma, learned Additional Government Advocate-I has opposed the motion to admit this petition to hearing and submits that veracity of these reports are seriously disputed questions of fact that are beyond the jurisdiction of this Court to decide under Article 226 of the Constitution of India. He emphasises that the injury report at page 23 (Annexure-2) to the writ petition shows serious injuries sustained by the injured, Manish Dubey.
We have perused the impugned first information report and the injury report and we do not find any good ground to interfere with the impugned first information report. Accordingly, the prayer for quashing the F.I.R. is refused.
However, considering the overall facts and circumstances of the case, it is provided that in case the petitioners appear and surrender before the Courts below within 45 days from today and apply for bail, their prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the petitioners in the aforesaid case. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This writ petition stands disposed of accordingly.
Order Date :- 21.6.2019 Pkb/