Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17253 of 2019 Petitioner :- Ramakant And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Chandra Pal, Counsel for Respondent :- G.A.,Chandra Bhushan Verma,R.L. Varma
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard 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 15.6.2019 registered as Case Crime No.
424 of 2019 under Section 147, 148, 149, 307 IPC, P.S.
Puwayan, District Shahjahanpur.
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.
Learned counsel for the respondent no. 3 while opposing the learned counsel for the petitioners has submitted that the petitioners have approached this Court concealing material fact by contending that they have no criminal history, while a case is already pending as Case Crime No. 291 of 2018 under Section 328, 364, 504, 506 IPC, P.S. Puwayan, District Shahjahanpur.
Learned A.G.A. has also 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.
The petition is accordingly dismissed.
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.
Order Date :- 25.6.2019 A. V. Singh