This Court refused to quash the F.I.R., finding prima facie cognizance of alleged offense. However, the petitioner was directed to apply for bail within 30 days, to be heard expeditiously, citing precedent regarding bail jurisprudence.
Prayer for quashing refused; direction to apply for bail within 30 days to be heard expeditiously.
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Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 2945 of 2018
Petitioner :- Pradeep Prajapati Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.06.2017 lodged in Case Crime No.719 of 2017, under Sections 395, 412, I.P.C., at P. S.- Achhnera, district Agra.
Learned counsel for the petitioner contends that the name of the petitioner came into light in the confessional statement of the co-accused.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with 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, if possible, on the same day 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 reported 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 :- 7.2.2018 S.Ali
2 issues framed by the court
Whether the High Court should quash the F.I.R. dated 18.06.2017 under Sections 395, 412 IPC.
Whether the petitioner is entitled to bail in light of allegations and counsel's submissions.
Pradeep Prajapati
State Of U.P.
Rajesh Dayal Khare
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
