Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7629 of 2018 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to stay the arrest and harassment of the petitioner in pursuance of the impugned F.I.R. dated 04.09.2017, which has been registered as Case Crime No. 355 of 2017, under Sections 147, 148, 149, 452, 354, 392, 323, 504, 308, 304 IPC, Police Station Bidhuna, District Auraiya.
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 Court below in view of 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 judgment 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 finally disposed of.
Order Date :- 28.3.2018 Nadim