The criminal miscellaneous writ petition seeking quashment of FIR or apprehending arrest for bailable offences was disposed of as the petitioner was not pressing the quashment plea and intended to apply for bail separately.
No adjudication on quashment; petition disposed of as no further relief was sought.
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. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 32596 of 2018
Petitioner :- Neelam Bhushan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhinav Gaur Counsel for Respondent :- G.A.,Kaushalendra Nath Singh,Romeshwari Prasad
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Sri Anoop Trivedi and Sri Abhinav Gaur learned counsel for the petitioner, Sri J.K. Upadhyaya, learned counsel for the State along with Smt. Kalpana Gautam concern Station House Officer and Sri G.S. Chaturvedi, learned Senior counsel assisted by Sri Romeshwari Pradad for respondent no.3.
The present petition has been filed by the petitioner seeking quashment of the FIR dated 26.10.2018 lodged by the respondent no.3 in respect of case crime No. 0433 of 2018 at police station, Kotwali, district Allahabad for the offences under sections 341, 504, 354(A),354(C), 354(E) and 120-B of IPC.
Learned counsel for the petitioner submits that though the offences registered against the petitioner are bailable but yet he apprehends that the petitioner may be arrested.
Learned counsel for the State and the officer-in-charge Smt. Kalpana Gautam, SHO submits that the apprehension shown by the petitioner has no basis and once the offences are bailable, the question of arrest of petitioner does not arise in relation to the alleged offences.
Learned counsel for petitioner submits that he is not pressing this petition so far as, it relates to quashment of the first information report and he would apply for bail as and when required.
In view of above, there remains nothing in this petition for adjudication and the same is accordingly disposed of.
Order Date :- 11.12.2018 Shahid
Neelam Bhushan
State Of U.P.
Pritinker Diwaker
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
