Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37565 of 2018 Petitioner :- Rahul Singh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sanjay Kumar Srivastava, counsel for the petitioners and A.G.A. for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 6.12.2018 registered as case crime no. 1355 of 2018 under section 395,323,504,506 I.P.C. Police Station Khalilabad, District Sant Kabir Nagar.
In the F.I.R, in substance, allegation has been made that on 4.12.2018 at about 6 P.M.,a case was got registered in regard to marpeet by four named accused persons and other unnamed person on shop namely, Kasturi Bakers, informant is the owner of the said shop. When this fact was known to the accused persons then on 5.12.208, Amit Yadav, Manager of Kasturi Bakers, who, after, closing of Bakery, was going to his house then the named accused persons alongwith them five to six unnamed persons assaulted him and snatched Rs. 3000/- from him. Thus,F.I.R. thus, discloses cognizable offence, as such, it is not liable to quashed. The prayer for quashing the F.I.R. is rejected.
In view of the above, writ petition is dismissed.
However, it is provided that in case petitioners appear and surrender before the court concerned and apply for bail.Their bail applications shall considered and decided expeditiously in accordance with law.
Order Date :- 20.12.2018 aks