Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31139 of 2018 Petitioner :- Thakur Dayal Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudist Kumar Counsel for Respondent :- G.A.,Capt Seema Singh,Vinay Kumar Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Learned counsel for the petitioners is permitted to correct the name of petitioner no.2 in the array of parties.
Supplementary affidavit filed today is kept on record.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Vinay Kumar Singh, for respondent no.4.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 16.10.2018 in Case Crime No. 0254 of 2018 under Sections 147, 148, 149, 307 I.P.C., P.S.- Barahaj, District- Deoria.
It has been submitted by the learned counsel for the petitioners that 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 the 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, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 30.10.2018 Shalini