Mustkeem Khan and Others vs State of U.P. and Others

Anil Kumar Agarwal,J.

Heard learned counsel for the petitioners, learned A.G.A. and Sri S.W. Ali, learned counsel appearing on behalf of the complainant.

This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no.93 of 2013, under sections 420, 467, 468, 120B I.P.C., P.S. Sadar Bazar, District Saharanpur.

From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the facts, it is directed that in case petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by Hon''ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others ( 2009) 4 SCC 437.

With this direction, this petition is finally disposed.