Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20133 of 2018
Petitioner :- Ramveer And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A.for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no.213 of 2018, under Sections 147, 148, 149, 307, 504, 506 I.P.C., Section 7 Criminal Law (Amendment) Act & Section 3 (2) (V) S.C./S.T. Act, registered at P.S. Shamshabad, District-Farrukhabad.
It has been submitted by the learned counsel for the petitioners that it is a no injury case and the allegations made in the impugned F.I.R. regarding commission of offence by the petitioners under the aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. The impugned F.I.R. is thus liable to be quashed.
From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, it is directed that in case the petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of
U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.
With this direction, this petition is finally disposed of.
Order Date :- 27.7.2018 AKT