Sunil Yadav vs State Of U.P. And 2 Others
2018 Latest Caselaw 3616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 31658 of 2018
 

 
Petitioner :- Sunil Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vinit Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ram Surat Ram (Maurya),J.

Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed today, is taken on record.

Heard Sri Vinit Kumar Srivastava, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

The writ petition has been filed for quashing the FIR dated 29.8.2018 registered as Case Crime No. 366 of 2018, under section 279, 304A, 337 IPC, P.S. Jasrana, District Firozabad.

In substance it has been alleged in the FIR that two persons were going on scooty to purchase fertilizer. In the meantime, the car of the petitioner hit them from their behind due to which one person died on the spot and one person received injuries. Thus, the FIR disclosed the offence and it is not liable to be quashed.

So far as argument that the vehicle of the petitioner is falsely implicated in the FIR is concerned, the incident is alleged to have taken place in front of Dhaba where the presence of the people can not be ruled out. The number of vehicle has been mentioned in the FIR itself which was lodged on the same day at 14:23 hours. Thus, at present it can not be said that the petitioner has falsely been implicated.

However, the offences are bailable offences. In case the petitioner surrenders before the court below and applies for bail within 30 days, then same shall be considered and decided in view of the settled law laid down 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).

With the aforesaid observations, the application stands disposed of.

Order Date :- 13.11.2018

Masarrat