The High Court refused to quash the First Information Report as it disclosed a cognizable offence. However, the Court directed the lower court to hear and dispose of the petitioners' subsequent bail application expeditiously within thirty days.
Refused to quash the FIR; directed lower court to hear bail application within thirty days.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 36771 of 2018
Petitioner :- Shyam Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achchhey Lal Tiwari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the first information report dated 27.11.2018 registered in Case Crime No. 0300 of 2018, under Sections 147, 149, 268, 307, 341,333,353 and427 I.P.C., Section 7 Criminal Law (Amendment) Act, 1932 and 3/5 of Prevention of Damages of Public Property Act, 1984 P.S. Mirjamurad, District Varanasi.
It has been submitted by the learned counsel for the petitioners that the allegation made in the impugned first information report regarding commission of offence by the petitioners is palpably false and moreover the same do not disclose any cognizable offence. The impugned first information report is thus liable to be quashed.
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 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 court below in accordance with law.
With the above directions, this petition is disposed of finally.
Order Date :- 19.12.2018 RCT/-
2 issues framed by the court
Whether the first information report disclosing a cognizable offence is liable to be quashed.
Whether the petitioners should be granted bail.
Shyam Yadav And Another
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
