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2016 DIGILAW 2430 (ALL)

Narain Singh v. State of U. P.

2016-07-13

ALOK KUMAR MUKHERJEE, BHARAT BHUSHAN

body2016
JUDGMENT Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 3.6.2016 registered as Case Crime No. 343 of 2016, under Sections 147, 148, 506, 307, 336, 332, 353, 504, 323, 427, 379, 394 IPC and Section 3(1)X of SC/ST Act, P.S. Malpura, District Agra. 3. It is contended by learned counsel for the petitioners that the petitioners have been falsely implicated in the present case on account of village and election rivalry. It is further submitted that it is a case of no injury and that the petitioners have no criminal history. 4. From the perusal of the F.I.R. it is clear that prima facie cognizable offence is made out against the petitioners. There is no ground for interference. Therefore, the prayer for quashing the impugned F.I.R. is refused. 5. At this stage the learned counsel for the petitioners made a prayer that the bail application of the petitioners in aforesaid Case Crime be ordered to be considered expeditiously. 6. Considering the facts and circumstances of the case, it is directed that in case the petitioners appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 7. It is made clear that the petitioners will not be granted any further time by this Court for surrendering before the Court below as directed above. 8. It is further provided that if the investigation in this matter has been completed and police report u/s 173(2) Cr.P.C. has been filed before the competent court, the petitioners shall not be entitled to any benefit of this order. With the aforesaid directions, this petition is finally disposed of.