Petition for quashing an murder FIR was rejected as the FIR discloses a cognizable offence. However, bail was to be decided expeditiously if petitioners surrender.
Quashing plea rejected; bail to be decided expeditiously on surrender.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 20593 of 2019
Petitioner :- Irshad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Umesh Kumar,J.
Heard Sri Pradeep Kumar Shukla for the petitioner, AGA for State and Sri Mohd. Waseem for the informant.
The writ petition has been filed for quashing the FIR dated 2.7.2019 in Case Crime No. 0220 of 2019, under Section 302 IPC, P.S. Hafijganj, Distt. Bareilly.
In substance in the FIR, the allegation has been made that on 1.7.2019 at about 02:30 PM, the accused called Reshma on phone and when she reached there then they committed her murder by fastening an electricity wire in her neck. The FIR thus discloses a cognizable offence and is not liable to be quashed.
However, in case the petitioners surrender and apply for bail then same shall be decided expeditiously in accordance with law. The writ petition is disposed of.
Order Date :- 13.8.2019 Rahul Dwivedi/-
2 issues framed by the court
Whether the FIR in a murder case is maintainable or liable to be quashed under Section 482 CrPC.
Whether bail shall be granted to the petitioners if they surrender.
Irshad And Another
State Of U.P.
Ram Surat Ram (Maurya)
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
