Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5090 of 2018 Petitioner :- Vaibhav Tripathi @ Vaibhav Tiwari And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gopal Das Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State, Sri Ashok Singh, learned counsel for the private respondent and perused the material available on record.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. Dated 16.02.2018, which has been registered as Case Crime No. 52 of 2018, under Sections 147, 323, 504, 506, 353, 307 IPC, Police Station Chhawani, District Basti (Annexure No.1 to this writ petition).
It is contended by learned counsel for the petitioners that the petitioner no.2 has been arrested and present petition has only been argued on behalf of the petitioner nos. 1, 3 and 4.
From the perusal of the F.I.R., 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 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, if possible, on the same day by the Court below in view of settled law laid down 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 judgment passed by Hon'ble Apex Court reported in 2009(3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 27.2.2018 Nadim