HIDIYAT HUSSAIN KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition has been filed by Hidayat Hussain Khan a student of Ist year M.D. (Skin) in S.N. Hospital, Agra in Hailing Wards at Agra praying for a writ in the nature of certiorari for quashing the first information report dated 3-4-92 lodged by Km. Shashi Lata Mukherji, a staff nurse of the aforesaid Medical College under Section 376/420, IPC. Crime No. 44 of 1992, police station M. M. Gate, Agra, a Copy whereof is Annexure 3 to the writ petition.

(2.) We have heard the learned counsel for the petitioner at length and also the learned Standing Counsel. After hearing the learned counsel for the parties and also examining the materials on record, we are not inclined to interfere with the first information report or the investigation, at this stage. On reading the first information report, it cannot be held that no case is made out against the petitioner. At present investigation is in progress as such also we are not inclined to interfere. The Investigating Officer, on completion of investigation, may file the necessary charge-sheet or final report, as deemed fit, expeditiously, in accordance with law. It may not be proper to discuss, at this stage about the merits of the first information report.

(3.) The learned counsel for the petitioner, thereafter urged to issue a direction to the courts below for considering the bail application of the petitioner on the same day. It is averred that the petitioner filed surrender application before the Sessions Judge, Agra on 17-4-92 and the court was pleased to release him on personal bond of Rs. 5,000/-and fixed for hearing the bail application on 21-4-92. This order of the Sessions Judge dated 17-4-92 is Annexure-4 to the writ petition. On 21-4-92 the Sessions Judge transferred the bail application of the petitioner to the court of Additional District Judge XIIth and the date of hearing of the bail application was fixed on 1-5-92. A copy of the order dated 21-4-1992 has also been annexed as Annexure-5 to the writ petition. Mr. S.A. Shah, learned counsel for the petitioner made a statement before us that the above bail application shall now be heard on 18-4-92.