Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11185 of 2019 Petitioner :- Vishnu @ Chotu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Pathak,Harshit Pathak Counsel for Respondent :- G.A.,Yagyavalk Pandey
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners, Sri S.L. Pandey holding brief of Sri Y. V. Pandey, learned counsel for the respondent no. 3 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 13.4.2019 registered as Case Crime No. 340 of 2019, under Sections 147, 148, 149, 323, 307, 504 and 506 IPC, P.S. Deoband, District Saharanpur.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no. 3. Hence the FIR deserves to be quashed.
Per contra learned counsel appearing on behalf of the respondent no. 3 contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused. The petition sans any merit is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 26.4.2019 Shahnawaz