The Court refused the prayer to quash the F.I.R. as prima facie cognizable offences were made out. However, conditional bail was directed to be heard expeditiously within thirty days, referencing constitutional bail precedents.
Quashing of F.I.R. refused; petition disposed of with directive for bail hearing within thirty days.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 33457 of 2018
Petitioner :- Amit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh 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 the prayer to quash the F.I.R. in Case Crime No. 377 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., registered at P.S. Shergarh, District- Mathura.
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 :- 22.11.2018 SA
2 issues framed by the court
Whether the F.I.R. registered under Sections 419, 420, 467, 468, 471 I.P.C. should be quashed.
Whether bail should be granted to the petitioner.
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)
Amit 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
