Mohit Pal vs State Of U.P. And 2 Others
2017 Latest Caselaw 2844 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14560 of 2017
 

 
Petitioner :- Mohit Pal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shyam Narain Pandey,Shravan Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Arvind Kumar Tripathi,J.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the petitioner, learned AGA and perused the record.

The present writ petition of criminal nature under Article of the Constitution of India has been preferred for quashing the impugned F.I.R. dated 17.06.2017 in Case Crime No.0364 of 2017 under Sections 147, 148, 149, 323, 504 & 427 IPC, P.S. Barra, District Kanpur Nagar with further prayer to direct the respondents not to arrest the petitioner in pursuance thereof.

Learned counsel for the petitioner submitted that the incident took place in New Gagriti Hospital. He contended that two F.I.R. was lodged one by the Police and another impugned F.I.R. by the respondent no.3 doctor/manager of the hospital. Hence impugned F.I.R. is liable to be quashed.  

Learned A.G.A. has opposed the aforesaid prayer.

Considered the submissions of learned counsel for the parties. In view of the allegation the matter requires investigation. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437. No such direction is required on the expeditious disposal of the Bail Application is right of accused. Hence if surrender and move Bail Application it is expected that the same will be disposed of expeditiously in accordance with law.

With these observations, the present petition is finally disposed off

Order Date :- 31.7.2017

A. Tripathi