Dhaneshwar Jaisawal vs State Of U.P. And 3 Others
2016 Latest Caselaw 503 ALL

Citation : 2016 Latest Caselaw 503 ALL
Judgement Date : 14 March, 2016

Allahabad High Court

Dhaneshwar Jaisawal vs State Of U.P. And 3 Others on 14 March, 2016

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5665 of 2016
 

 
Petitioner :- Dhaneshwar Jaisawal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ravi Shankar Tripathi,Sunil Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and the learned A.G.A.

This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime no. 69 of 2016, under sections 323, 504, 506, 325, 308, 452 I.P.C., P.S. - Sewarahi, District - Kushinagar.

From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, it is directed that in case the petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.

With this direction, this petition is finally disposed of.

Order Date :- 14.3.2016

Ranjeet Sahu