Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5578 of 2019 Petitioner :- Waseem Khan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nazrul Islam Jafri,Mohd. Naseer Ahmad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Khalid Mohammad holding brief of Sri Nazrul Islam Jafri counsel for the petitioner, Sri Sikandar Razafor the informant and the AGA for the State and perused the record.
This writ petition has been filed to quash the FIR dated 11.2.2019 registered as Case Crime No. 105 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Sadar Bazar, Distt. Shahjahanpur.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the petitioner are not made out.
However, it is observed that in case the the petitioners surrender before the court below and apply for bail, then same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioners to surrender before the Court below.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-