Court rejected application to quash FIR alleging false harassment; held prima facie cognizable offences made out but granted 30 days to apply for bail in lower court.
Petitioner granted 30 days to appear/surrender and apply for bail in lower court for expeditious consideration.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37229 of 2018
Petitioner :- Ritesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 4.11.2018 registered as Case Crime No.499 of 2018, under Sections 386,506 IPC, P.S. Phoolpur, District Varanasi.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
Per contra learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.The prayer for quashing the FIR is refused.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 19.12.2018 M. Tariq
1 issue framed by the court
Whether the FIR under sections 386 and 506 IPC deserves to be quashed due to the absence of a prima facie cognizable offence?
1 provisions across 1 enactments
Ritesh Singh
State Of U.P.
2 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
