Mangal Bind and Another Vs State of U.P. and 3 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 36556 of 2018

Petitioner :- Mangal Bind And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvendra Dwivedi,Ganesh Shankar Dubey Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard the learned counsel for the petitioners and the learned A.G.A. for the State.

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By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 8.10.2018 registered as Case Crime No.290 of 2018, under Section 379 IPC, P.S. Audhyogic Kshetra, District Allahabad.

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It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.

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Per contra learned contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.

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From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.

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However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.

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In the light of above observations, this petition is accordingly disposed of.

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Order Date :- 14.12.2018 M. Tariq

Mangal Bind and Another v. State of U.P. and 3 Others

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Mangal Bind and Another v. State of U.P. and 3 Others

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