Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37854 of 2018 Petitioner :- Ram Bhawan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Ranjan Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shashi Ranjan Srivastava, learned counsel for petitioner and learned A.G.A. for State.
This writ petition has been filed to quash the F.I.R. dated 10.05.2018 registered as Case Crime No. 1015 of 2018 under Sections 147, 148, 149, 307, 452, 504, 506, 427 I.P.C., Police Station - Khorbar, District- Gorakhpur.
In the F.I.R. in substance the allegation has been made that on 03.12.2018 at 7:00 p.m. when the informant was at his house then the accused person armed with lathi-danda, kudal and illegal weapon entered in the house, abuse them and assaulted them. On the exhortation of Panne Lal, Ram Bhavan opened fire which caused injury in the leg of Raj Kapoor. On 04.12.2018 at 6:00 a.m. again the accused person armed with lathi-danda, kudal attacked upon the house of the informant due to which caused injury to family members of informant.
It is not denied that Raj Kapoor sustained gun shot injury. F.I.R. discloses the cognizable offence as such it is not liable to be quashed.
However, it is directed that in case the petitioners appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously according to law and suitable order be passed in it.
With the above directions, this writ petition is disposed of finally.
Order Date :- 21.12.2018 Sharad/-