Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16986 of 2019 Petitioner :- Upendra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vijay Kumar Dwivedi, learned counsel for the petitioners and Sri Neeraj Kant Verma, learned Additional Government Advocate-I on behalf of the State.
This petition has been filed by the petitioners challenging the FIR dated 14.11.2018 giving rise to Case Crime No. 0707 of 2018, under Sections 147, 148, 149, 307, 323, 336, 504, 506 IPC. Police Station Khandouli, District Agra.
The submission of the learned counsel for the petitioners is that they have been falsely implicated in the present crime and they were never part of the party, who assaulted.
Sri Neeraj Kant Verma, learned Additional Government Advocate has opposed the motion to admit the petition to hearing and has said that the assault was violent and on a child, namely, Khushbu who suffered from a fractured jaw.
A perusal of the FIR prima facie shows that the allegations are there against the petitioners that require verification during investigation, and it would not be appropriate for this Court to quash the FIR in exercise of our jurisdiction under Article 226 of the Constitution. Accordingly, the prayer for quashing the FIR is refused.
However, in case the petitioners appear and surrender before the Courts below within 45 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 45 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 :- 21.6.2019 Pkb/