Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6831 of 2010 Petitioner :- Thakur Manoj Singh & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Rahul Mishra Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Chaurasia,J.
Heard learned counsel for the petitioners, Sri Raghvendra Prakash,
learned counsel for the complainant and the learned AGA.
This writ petition has been filed for quashing of an F.I.R. in Case
Crime no. 288A of 2010, under sections 147, 148, 323 and 506
I.P.C., Police Station Didarganj, District Azamgarh.
Learned counsel for the petitioners contends that the case crime
No. 288A of 2010, under sections 147, 148, 323 and 506 I.P.C.,
Police Station Didarganj, District Azamgarh, has been filed by
way of counterblast to the F.I.R. earlier lodged by the petitioners
and the genuineness of the affidavit filed by the complainant is
also disputed as the complainant was in jail on that date. As there
are some injuries on the complainant side, the proceedings cannot
be quashed.
The writ court is not competent to go into questions of facts and on
the allegations, it cannot be said that no prima facie case is
disclosed.
Hence, no ground exists for quashing the FIR or staying the arrest
of the petitioners.
However, in the circumstances of the case, it is provided that if the
petitioners move an application for surrender before the court
concerned within two weeks from today, the Magistrate concerned
shall fix a date preferably within ten days thereafter for the
appearance of the petitioners and in the meantime release the
petitioners on interim bail on such terms and conditions as the
concerned Court considers fit and proper till the date fixed for the
disposal of the regular bail. The Court concerned shall also direct
the Public Prosecutor to seek instructions by the date fixed and
thereafter decide the regular bail applications of the petitioners in
accordance with the observations of the Full Bench of this Court in
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290, Lal
Kamlendra Pratap Singh Vs. State of U.P., 2009 (2) Crime 4 (SC)
affirmed by the Supreme Court in and reiterated by the Division
Bench of this Court in Sheoraj Singh alias Chuttan Vs. State of
U.P. and others, 2009 (65) ACC 781.
The aforesaid relief shall not apply if the petitioners fail to
surrender before the Court concerned within two weeks or if the
petitioners fail to fully cooperate with the investigation in the case.
In case the petitioners fail to appear before the court concerned on
the date fixed or they fail to appear before the investigating officer
for interrogation, it will be open to the Public Prosecutor to move
an application for cancelling the order of bail and the Court
concerned may pass an appropriate order on merits.
With the aforesaid observations, this petition is disposed of.
Order Date :- 10.5.2010
HSM