Held quashing application dismissed. No ground for quashing FIR. Stayed arrest. Petitioners to apply for bail before court below within 30 days if they appear or surrender.
Prayer to quash FIR refused. Stay not granted. Bail to be considered by court below within 30 days.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 9573 of 2019
Petitioner :- Ramsurat @ Rampratap Yadav And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Bhan Yadav,Sudhir Kumar Agarwal Counsel for Respondent :- G.A.,Sanjay Pandey
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners and the learned counsel for the respondent no.3 and learned A.G.A. appearing on behalf of the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 25.3.2019 registered as Case Crime No.175 of 2019, under Sections 147,323,504,506,452,354 IPC, P.S. Line Bazar, District Jaunpur.
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.3. Hence the FIR deserves to be quashed.
Per contra learned counsel for the respondent no.3 and the learned A.G.A. 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.
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. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
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.
Order Date :- 12.4.2019 M. Tariq
2 issues framed by the court
Whether the FIR under Sections 147, 323, 504, 506, 452, 354 IPC deserves to be quashed at this stage.
Whether prima facie no cognizable offence is made out against the petitioners based on the FIR.
1 provisions across 1 enactments
Ramsurat @ Rampratap Yadav And 5 Others
State Of U.P. And 2 Others
Naheed Ara Moonis
Anil Kumar-IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
