The court refused to quash the impugned FIR. However, it directed that bail applications filed by the petitioner within thirty days be heard and disposed of expeditiously, citing relevant precedents.
Bail application to be heard expeditiously if filed 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. - 33561 of 2018
Petitioner :- Raju @ Mohd. Seed Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 7.10.2018 in Case Crime No. 0397 of 2018 under Sections 386, 452, 427, 323, 504, 506 I.P.C., P.S.- Galshahid, District- Moradabad.
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, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid 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 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 22.11.2018 C. MANI
1 issue framed by the court
Whether to quash the FIR dated 7.10.2018 in Case Crime No. 0397 of 2018.
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) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Raju @ Mohd. Seed
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
