Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23501 of 2018 Petitioner :- Pradeep Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishe Pandey,Praveen Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 21.07.2018 registered as Case Crime No. 448 of 2018, under Sections 498- A, 323 and 307 IPC and section 3/4 D.P. Act, P.S. Mawana, District Meerut.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 wife of petitioner no. 1 containing absolutely false and concocted allegations against her husband alleging commission of offences by him under Sections 498-A, 323 and 307 IPC and section 3/4 D.P. Act. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct 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 court below.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.8.2018 RPD