Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16911 of 2019 Petitioner :- Sunny Kushwaha Kabadiya @ Sunny And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.,Kamlendra Singh Jadaun
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashish Goyal, learned counsel for the petitioners, Sri Anant Kumar Tiwar, Advocate holding brief of Sri K.S. Jadaun, learned counsel appearing on behalf of the respondent No.3 and Sri S.K. Pal learned Government Advocate assisted by Sri Deepak Mishra, learned AGA for the State.
The submission of the learned counsel for the petitioner is that he has been falsely implicated in the present crime mala fides. He has not assaulted the informant's brother as alleged. The entire prosecution is motivated by the political rivalry.
The learned AGA and the learned counsel for the complainant has opposed the motion to admit this petition to hearing.
We have perused the impugned FIR and found that it shows that the petitioners assaulted the informant's brother, Jitendra Dhakar on 31.05.2019 over the issue that the latter had complained against the petitioners that they were running a betting racket. There are the allegations of shooting and assault by sticks (lathi and danda). There are injuries sustained by Jitendra Dhakar which are as many as 13 in number, even if, four sites of tenderness are left out. The injuries prima facie are serious. It is not in our province to go into the questions as the ones raised in the present petition.
Looking to the prima facie case and circumstances it is a matter for the Investigating Agency in the first instance to go into. We, therefore, refuse to quash the impugned FIR.
However, we direct that in case, the petitioners appear and surrender before the Courts below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the petitioners. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This writ petition stands disposed of accordingly.
Order Date :- 20.6.2019 Deepak