Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
To access the original judgment, please Sign In or Subscribe.

    Ramakant And 2 Others v. State Of U.P. And 2 Others

    Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 9627 of 2019 Petitioner :- Ramakant And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Chandra Tiwari,Shakti Shanker Tiwari Counsel for Respondent :- G.A.

    Hon'ble Vipin Sinha,J. Hon'ble Raj Beer Singh,J.

    Heard learned counsel for the petitioners and learned A.G.A. for the State.

    This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.821 of 2018 u/s 452,323,504,506,308 IPC PS Meja District Allahabad.

    Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed .

    We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.

    Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.

    After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.

    However, without expressing any opinion on the merits of the case, it is directed that in case the petitioner appears and surrenders before the courts below and applies for bail within two weeks from today, his prayer for bail shall be considered and decided expeditiously.

    With the aforesaid direction, the instant writ petition is disposed of finally.

    Order Date :- 15.4.2019

    SP

    Neutral Citation No. - 2019:AHC:63295-DB

    Use AI to get other relevant cases.

    Comments

    Ramakant And 2 Others v. State Of U.P. And 2 Others
    (Apr 15, 2019)