The High Court refused to quash the FIR alleging offences under Sections 354-B, 452, 506 IPC and SC/ST Act, finding prima facie cognizable offence. It directed the lower courts to dispose of the bail application expeditiously within two weeks.
Prayer for quashing of FIR refused; direction issued for expeditious disposal of bail application.
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. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35970 of 2018
Petitioner :- Sameer Siddique Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Ram Dubey,Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Sri Praveen Kumar Singh is appearing on behalf of the respondent no. 4. His memo of appearance is taken on record.
This writ petition has been filed by the petitioner with the prayer to quash the first information report dated 9.11.2018 registered as Case Crime No. 787 of 2018, under Sections 354-B, 452 and 506 I.P.C. and Section 3 (2) (v) SC/ST Act, P.S. Sigra, district Varanasi.
It has been submitted by the learned counsel for the petitioner that the allegations made in the impugned first information report regarding commission of offence by the petitioner under aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. The impugned first information report is thus liable to be quashed.
Per contra learned counsel for the complainant submits that the statement of the victim has already been recorded under Section 164 Cr.P.C. The investigation is still going on, hence the petitioner does not deserve any indulgence
From the perusal of the first information report, 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 first information report. Therefore, the prayer for quashing the impugned first information report is refused.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within two weeks from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with law.
With the above directions, this petition is disposed of finally.
Order Date :- 11.12.2018 Shahnawaz
2 issues framed by the court
Whether the first information report disclosing a cognizable offence is liable to be quashed?
What directions should be issued for the expeditious disposal of the bail application?
Sameer Siddique
State Of U.P.
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
