Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1706 of 2019
Petitioner :- Suraj Upadhyaya And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anoop Kumar Singh, learned counsel for the petitioner and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 26.12.2018, registered as Case Crime No. 0616 of 2018 under Sections 147, 148, 307, 323, 504, 506, 452 I.P.C., P.S. Kotwali Padrauna, District-Kushinagar.
In the F.I.R. in substance the allegation has been made that on 23.12.2018 at 7.30 hours when the informant was returning to his house then accused Inderjeet Gupta, Umesh Gupta, Aditya Upadhyay, Suraj Upadhyay, Mahendra Gupta, Arvind Upadhyay, Hariom Upadhyay and Aakash Upadhyay attacked upon the informant and Mahendra Gupta and Aditya Upadhyay assaulted him through Farsa and Gandasa. The injury report of informant has been filed as annexure no.2 showing that there were three injuries one incised wound, lacerated wound and one multiple abrasions. The learned counsel for the petitioner submits that a role of assault has been specified to Aditya Upadhyay and Mahendra Gupta. The petitioners have been falsely implicated in this case. The incident has taken in other way and the correct facts have been mentioned in the F.I.R. dated 27.12.2018, registered as Case Crime No. 0617 of 2018 lodged by Inderjeet Gupta. The informant and aggressors where there and there was free fight in which the injuries have been received by both the parties. Since there was incised wound and it is alleged that the petitioners have also attacked upon the informant as such the F.I.R. can not be quashed at this stage.
However, it is directed that in case the petitioners appears and surrenders before the court below and applies for bail within one month, his prayer for bail shall be considered and decided expeditiously, preferably on the same day 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 Apex 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.
With the above directions, this writ petition is disposed of finally.
Order Date :- 22.1.2019 Rahul.