Parvez vs State Of U.P. And 2 Others
2018 Latest Caselaw 3968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 33701 of 2018
 

 
Petitioner :- Parvez
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bhaskar Bhadra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the petitioner and learned AGA for the State.

This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.1.2016 in Case Crime No. 36 of 2016, under Sections 457, 380 IPC, P.S.- Bithri Chainpur, District- Bareilly.

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, 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 judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

With the above directions, this petition is disposed of finally.

Order Date :- 26.11.2018

AK Pandey