Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17657 of 2020 Petitioner :- Sookha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and the learned counsel for State.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 7.12.2020 in respect of Crime No.0368 of 2020 for the offence under Sections 147, 148, 342, 353, 452 IPC and Section 7 of Criminal Law Amendment Act, 1932, Police Station Ajeemnagar, District Rampur lodged against the petitioner.
The petitioner was working in a hospital as Assistant but not a doctor is the submission of learned counsel for the petitioner and no role is attributed to him in the FIR also and, during this Covid-19 his name appeared in the FIR. He shall appear before the court below and seek bail, if he is likely to be arrested.
At this stage, we are not inclined to quash the proceedings but if he appears before the Court below as he apprehends that , he will be arrested then he may apply for bail and the court below shall consider the case of the petitioner on merits as no role is attributed on the petitioner.
The writ petition is disposed off.
Needless to state that in the eventuality of filing any anticipatory bail application by the petitioner before the competent court, the said court may decide the same expeditiously, considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 7.1.2021 Mukesh