Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20205 of 2018
Petitioner :- Sudheer @ Beetu Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in Case Crime No.153 of 2018, under Sections 147, 148, 149, 323, 504, 506, 341, 307 I.P.C. and 3 (1)(Da) S.C./S.T. Act (Amended 2015), registered at Police Station Chaubia, District Etawah.
It has been submitted by the learned counsel for the petitioners that it is case of no injury and the allegations made in the impugned F.I.R. regarding commission of offence by the petitioners under the aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. The impugned F.I.R. is thus liable to be quashed.
From a perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, it is directed that in case the petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.7.2018 Anand Sri./-