Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37315 of 2018 Petitioner :- Surendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.K. Singh,Devendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri P.K. Singh for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 25.8.2018 (registered as Case Crime No. 0308 of 2018), u/s 147, 323, 504, 302 I.P.C., P.S. Rura, district Rambai Nagar.
In substance, allegation in the F.I.R. has been made that on 24.8.2018 at 5:30 p.m., the accused armed with licensed revolver and lathi-danda, came at the house of the informant and as soon as Surendra (the petitioner) threatened to fire upon the informant, father of the informant came between him and Surendra, on which, Pooran and others had assaulted him through lathi, due to which, he fell down on the ground and died on the spot. Thus, the F.I.R. discloses cognizable offence, as such, it is not liable to be quashed.
However, it is provided that in case the petitioner surrenders before the court below and applies for bail, then it shall be decided, expeditiously, in accordance with law.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Jaideep/-