The court dismissed the writ petition seeking quashing of the FIR, holding that cognizable offences were disclosed. However, it directed expedient bail consideration if the petitioner applies within two weeks.
Petition dismissed; direction for expedient bail consideration if applied within two weeks.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 27376 of 2018
Petitioner :- Niyaz Ansari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Srivastava,Siddhartha Srivastava 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 to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 26.04.2018 registered as Case Crime No. 108 of 2018, under sections 279, 337, 338, 304 and 120B IPC and section 192, 177, 196, 183 of Motor Vehicles Act, Police Station Vishunpura, District Kushi Nagar.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, after perusing the record and considering the nature of the allegations it is directed that in case the petitioner appears before the court concerned within two weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 1.10.2018 Sazia
1 issue framed by the court
Whether the impugned FIR disclosing offences under the IPC and Motor Vehicles Act should be quashed in the interests of justice.
2 provisions across 2 enactments
Niyaz Ansari
State Of U.P.
Bala Krishna Narayana
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
