The High Court refused to quash the F.I.R. holding that a prima facie cognizable offence was made out based on allegations. However, the Court directed courts below to consider bail applications if filed within three weeks.
The prayer for quashing the F.I.R. is refused, but bail will be expedited upon appearance within three weeks.
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. - 32485 of 2018
Petitioner :- Nand Lal And 4 Others20 Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shitala Sahay Srivastav,Sudhir Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 19.09.2018 in Case Crime No. 236 of 2018, under Section 364, 368, 504, 506 I.P.C., P.S.- Sarai Khwaja, District- Jaunpur.
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 petitioners appear 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 :- 14.11.2018 Abhishek
2 issues framed by the court
Whether the impugned F.I.R. bearing No. 236 of 2018 in Crime No. 236 of 2018 under Sections 364, 368, 504, and 506 IPC be quashed.
Whether bail for the petitioners would be considered.
Nand Lal And 4 Others
State Of U.P. And 3 Others
Bala Krishna Narayana
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
