Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10911 of 2019 Petitioner :- Ramagya And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Gupta,Manoj Kumar Sahu Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard the learned counsel for the petitioners and 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 05.12.2018 in Case Crime No. 0515 of 2018, under Sections 147, 323, 504, 506, 452, 392 I.P.C., Police Station- Chiluwatal, District- Gorakhpur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable 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 perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, it is provided that if the petitioner no. 1(Ramagya), 2. (Vinod), 3. (Shiv Kumar) and 4. (Suchit) 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.
It is further provided that the petitioner no. 5 (Smt. Chandrawati @ Indrawati), 6. (Kumari Neeta), 7. (Sonmati) and 8. (Rekha) shall be released on interim bail till the final disposal of the regular bail application.
With the above direction, this petition is finally disposed of.
Order Date :- 25.4.2019 Sharad/-