Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37211 of 2018 Petitioner :- Raj Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava, Counsel for Respondent :- G.A.,Rajeev Tiwari
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and Shri Rajeev Tiwari, learned counsel for the respondent no.3 as well as the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 14.11.2018 registered as Case Crime No.596 of 2018, under Sections 323,504,506,307 IPC, P.S. Saurikh, District Kannauj.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 19.12.2018 M. Tariq