Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7917 of 2018 Petitioner :- Rajesh Respondent :- State Of U.P. And And 2 Ors. Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A. G. A. for the State and perused the record.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 10.3.2018 which has been registered as Case Crime No. 50 of 2018, under Section 3/57/7 U.P. Mines and Minerals Act, Police station Nautanwa, district Maharajganj so far it relates to the petitioner.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioner, it is directed 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, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 30.3.2018 KU