Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26001 of 2019 Petitioner :- Tara Shukla And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Tiwari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the first information report dated 6.12.2019 registered in Case Crime No. 0811 of 2019, under Sections 302 and 201 I.P.C., P.S. Robertsganj, district Sonbhadra.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra the learned A.G.A. has contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioners in the commission of the offence. The innocence of the petitioners cannot be adjudged at this stage.
From the perusal of the first information report, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the bail application of the petitioners shall be heard and decided by the courts below in accordance with law.
Order Date :- 19.12.2019 Shahnawaz