Sheru and 4 Others v. State of U.P. and 2 Others
Case brief
What is this about?
Writ petition under Article 226 seeking quashing of FIR; Case Crime No. 575 of 2024; Sections 191(2), 115(2), 352, 351(3), 110 BNS 2023; Police Station Peepiganj, District Gorakhpur; mala fide FIR allegation; disputed questions of fact not adjudicable under Article 226; prima facie test per R.P. Kapur AIR 1960 SC 866, Bhajan Lal 1992 SCC (Cr.) 426, P.P. Sharma 1992 SCC (Cr.) 192, Zandu Pharmaceutical 2005 SCC (Cr.) 283; quashing refused; 60-day appearance and bail application direction per Amrawati 2004 (57) ALR 290 and Lal Kamlendra Pratap Singh 2009 (3) ADJ 322 (SC); coercive action warning; petition finally disposed of.
What did the court decide?
Quashing of the FIR refused; protective direction issued that if petitioners appear before the court below within 60 days and apply for bail, the bail prayer shall be considered per Amrawati and Lal Kamlendra Pratap Singh; failure to appear within the period will invite coercive action, and no further time will be granted for surrendering.