Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16199 of 2019 Petitioner :- Siraj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Nayab Ahmad Khan, learned counsel for the petitioners, Sri Vinod Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 14.03.2018 registered as case crime no. 35 of 2018 under section 379 I.P.C., police station Unj, District Bhadohi.
Learned counsel for the petitioners has submitted that the petitioners are not named in the FIR, they have been falsely implicated in the present case. The petitioners have no criminal antecedents. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners may be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
Perusal of record shows that in the report submitted from the P.S. Unj, the accused- petitioners are wanted under section 379/411 IPC and against other accused persons charge-sheet have been submitted and the name of accused-petitioners emerges during investigation which was conducted in respect of stealing of she Buffalo.
We find that the cognizable offence is made out, therefore, the prayer for quashing of FIR is rejected.
However, In view of the facts and circumstances of the case, we direct the accused-petitioners to appear before the court concerned within 30 days from today and move an application for bail and if such application is moved, the court concerned shall decide the same expeditiously after considering the contention raised by the petitioners.
For a period of 30 days from today or till the disposal of the bail application, whichever is earlier, no coercive action shall be taken against the petitioners. Thereafter, the court / authority concerned shall be at liberty to arrest the accused-petitioners.
With this observation, this writ petition stands finally disposed of. Order Date :- 11.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)