HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 28543 of 2015 Petitioner :- Niyaz Khan @ Niyaz Ahmad Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. in Case Crime no. 1110 of 2015, under sections 420,406,504 and 506 IPC, P.S. Shyam Deurwa, district- Maharajganj.
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 petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid 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 in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 3.12.2015 Shahnawaz