Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30592 of 2018 Petitioner :- Shahid Alias Sahil Alias Rahil Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Saran Counsel for Respondent :- G.A.,Yogesh Kumar Srivastava
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State as well as Sri V. M. Zaidi, Senior Advocate assisted by Sri M. J. Akhtar, learned counsel for the respondent no. 3.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. which has been registered as Case Crime No. 1019 of 2018, under Sections-307 and 386 I. P. C. at P. S.-Kasna, district-Gautm Budh Nagar.
It has been submitted by learned counsel for the petitioner that no-one has received injury in the incident in question.
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 by the courts below in view of the 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 judgement 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 disposed of finally.
Order Date :- 27.10.2018 HR