Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11382 of 2019 Petitioner :- Saurav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners and Kumari Meena, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 53 of 2019, Under Sections 147, 323, 332, 353, 364, 504 I.P.C.
and 7 CLA Act, Police Station Mirhachi, District Etah.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; 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 alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be .
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
However, it is provided that in case petitioners appear and surrender before the court below within two months from today and applies for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004
(57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till petitioners surrender and applies for bail, whichever is earlier, no coercive action shall be taken against petitioners. However, in case, petitioners does not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 30.4.2019 Swati