Single-judge High Court refused to quash an FIR under IPC Sections 386 and 506, finding a cognizable offence made out, but allowed the petitioner ten days to file an anticipatory bail application without expressing an opinion on the merits.
Writ petition dismissed; FIR not quashed; petitioner granted ten days to file anticipatory bail application.
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Neutral Citation No. - 2023:AHC:202432-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 16500 of 2023
Petitioner :- Murad Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Singh Tomar Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.
By means of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 27.8.2023 registered as 286 of 2023, under Section 386, 506 IPC, P.S. Charthawal, District Muzaffarnagar.
Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioner and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.
Accordingly, the prayer for quashing the FIR is declined and refused.
However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today.
It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.
With the above observation, the writ petition is disposed of.
Order Date :- 18.10.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
2 issues framed by the court
Whether the FIR registered under Sections 386 and 506 IPC should be quashed under Article 226 of the Constitution.
Whether the petitioner is entitled to move an anticipatory bail application.
1 provisions across 1 enactments
Murad Alam
State Of U.P.
2 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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