Sanjay And Others vs State Of U P And Others

Court No. - 21

Case :- CRIMINAL MISC. WRIT PETITION No. - 24137 of 2017 Petitioner :- Sanjay And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.

Hon'ble Krishna Murari,J.

Hon'ble Akhilesh Chandra Sharma,J.

We have heard learned counsel for the petitioners and learned A.G.A. for the State.

This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report registered as Case Crime No. 449 of 2017, under Sections 147, 148, 149, 307, 323, 325, 452, 504 and 506 I.P.C., Police Station Rampur Maniharan, District Saharanpur so far as it relates to the petitioners and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.

A bare reading of the FIR goes to show that the allegations, prima facie, constitute commission of cognizable offence, hence, there is no reason to quash the same.

The writ petition, accordingly, stands dismissed.

However, if the petitioners appear before the court below within three weeks from today and apply for bail, it is expected that the same will be considered and disposed of expeditiously.

Order Date :- 8.11.2017 MT**