This criminal miscellaneous writ petition challenged an FIR. The court refused the quashing prayer but directed a bail hearing within thirty days and stayed coercive action. It is disposed of finally.
Prayer for quash refused. Bail to be heard expeditiously within 30 days. No coercive action for two 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. - 33610 of 2018
Petitioner :- Abid And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Shahnawaz Shah Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 31.10.2018 in Case Crime No. 618 of 2018 under Sections 328, 376-D and 307 I.P.C., P.S.Daurala, District- Meerut.
It has been submitted by the learned counsel for the petitioners that the allegations made in the impugned F.I.R. regarding commission of offence by the petitioners under the aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. The impugned F.I.R. is thus liable to be quashed.
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.
Marriage of real sister of petitioner nos. 1 and 2 is solemnized on 25th November, 2018, it is directed to the respondents, no coercive action shall be taken against the petitioner within two weeks.
With the above directions, this petition is disposed of finally.
Order Date :- 22.11.2018 Akbar
3 issues framed by the court
Whether to quash the FIR dated 31.10.2018.
Whether to direct expeditious hearing of a bail application within thirty days.
Whether to restrain coercive action pending the marriage of the real sister of the petitioners.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
2005 Cr.L.J. 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
2009 (3) ADJ 322 (SC)
Abid And 2 Others
State Of U.P. And 2 Others
Bala Krishna Narayana
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
