Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15751 of 2019 Petitioner :- Sopali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sajiya Parveen Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R. dated 4.5.2019 registered as Case Crime No. 0245 of 2019, under Sections 498A, 304B, 201, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Shahabad, District- Rampur.
Heard learned counsel for the petitioner and learned A.G.A. Perused the record.
At the very outset, learned counsel for the petitioner has not pressed the prayer so far it relates to quashing of the impugned F.I.R. The only submission made by the petitioner's counsel is that the petitioner wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioner's counsel, the prayer for quashing the impugned F.I.R. stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within two weeks from today. The court below shall make an endeavour to decide the bail application, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures like arrest shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 3.6.2019 Naresh