The Court refused to quash the FIR but directed the lower courts to hear and dispose of the petitioner's bail application expeditiously within thirty days.
Bail application to be heard and disposed of expeditiously by lower courts within thirty days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31828 of 2018
Petitioner :- Brahma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Baijant Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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 the prayer to quash the F.I.R. dated 23.08.2018 registered as Case Crime No.225 of 2018 under Sections 363, 366 IPC, Police Station-Khadda, District-Kushinagar.
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 by the courts below in view of the settled law laid down 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 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
With the above directions, this petition is disposed of finally.
Order Date :- 2.11.2018 Pr/-
2 issues framed by the court
Whether the FIR should be quashed on the merits?
Whether bail should be expedited in light of the nature of allegations?
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
2005 Cr.L.J. 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
2009 (3) ADJ 322 (SC)
Brahma
State Of U.P.
Bala Krishna Narayana
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
