Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37288 of 2018 Petitioner :- Pradeep And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kashi Nath Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Kashi Nath Singh Yadav for the petitioners and A.G.A. for the State.
This writ petition has been filed for quashing the F.I.R. dated 05.12.2018, registered as Case Crime No.67 of 2018 under Sections 452, 323, 504,506, 308, IPC, P.S. Reotipur, district Ghazipur.
In the F.I.R. in substance the allegation has been made that on 5.12.2018 at 8-30 hours in spite of the stay order of Civil Court, the petitioners came to take possession over the land in dispute and assaulted through an axe and lathi-danda in which Girja Devi has received axe injury and Haribansh has received injuries of lathi-danda. Thus F.I.R. discloses cognizable offence and is not liable to be quashed at this stage.
However, the counsel for the petitioners submits that it is the cross version of the incident inasmuch as the petitioners have also lodged n NCR under Sections 323 and 504 IPC.
However, it is provided that in case the petitioners appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid down by this court in the case of Amrawati and another Vs. State of U.P reported in 2004(57) ALR 290 as well as judgment passed by the Apex Court, reported in 2009 (3) ADJ 322(SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the disposal of the application for bail, whichever is earlier, no coercive action shall be taken against the petitioners. It is made clear that in case the petitioners do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this writ petition is disposed of.
Order Date :- 19.12.2018 mt