Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7921 of 2018 Petitioner :- Shiv Shankar Pal @ Kallu @ Shankar Ram Nath Pal And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vijai Prakash Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to stay the arrest of the petitioners in pursuance of the impugned F.I.R. dated 17.12.2017, which has been registered as Case Crime No. 308 of 2017, under Sections 323, 504, 452, 324 IPC, Police Station Kapsethi, District Varanasi.
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 petitioners, it is directed that in case, the petitioners appear before the court concerned within thirty days from today and apply 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 :- 30.3.2018 Nadim