The High Court refused to quash the FIR due to prima facie cognizable offence, granting a direction that the court may consider bail if the petitioner applies within three weeks before the concerned court.
Petitioner directed to apply for bail within three weeks; bail to be considered expeditiously by courts below.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 32317 of 2018
Petitioner :- Rajendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Srivastava,Nagesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,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 impugned F.I.R. Dated 05.05.2016 in Case Crime No. 53 of 2016 , under Section 376-D, 342, 420, 467, 468, 471 I.P.C., and ¾ Prevention of Children from Sexual Offences Act P.S.- Bahariya, District- Allahabad.
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, 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 three weeks from today and apply for bail, the same shall be considered and disposed of expeditiously by the courts below.
With this direction, this petition is finally disposed of.
Order Date :- 13.11.2018 Sweety
2 issues framed by the court
Whether to quash the FIR dated 05.05.2016 in Crime No. 53 of 2016.
Whether to grant direction for bail consideration in the underlying proceedings.
7 provisions across 2 enactments
Rajendra Kumar
State Of U.P.
Bala Krishna Narayana
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
