Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37873 of 2018 Petitioner :- Viresh @ Piresh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munna Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ramesh Chandra Shukla holding brief of Sri M.P. Yadav, for the petitioner and AGA for State.
The writ petition has been filed for quashing F.I.R. dated 2.12.2018, registered as Case Crime No.914 of 2018 under Section 147, 148,149, 302, I.P.C and Section 7 Criminal Law Amendment Act, P.S.Tilhar, district Shahjahanpur.
In the F.I.R. allegation has been made that on 2.12.2018 the mother of the informant Smt. Kanya Devi was coming from the market after purchasing vegetables then at the tri-junction at the village the Shrikrishna, Anil @ Pappu and Raj Kumar apprehended her and Munish cut her neck through banka as well as Viresh has caused gun shot injury due to which her mother died on the spot. The incident is alleged to have taken place during daylight and F.I.R. discloses cognizable offence, thus it is not liable to quashed.
However, if petitioner surrenders before the court below and applies for bail, his bail application shall be decided in accordance with law, expeditiously The writ petition is disposed of accordingly.
Order Date :- 21.12.2018 mt