S. K. MOOKERJI, J.

( 1 ) THIS petition has been filed by Hidayat Hussain Khan a student of Ist year M. D. (Skin) in S. N. Hospital, Agra in Halling 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 S. 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 chargesheet or final report, as deemed fit, expeditiously, in accordance with law. It may not he 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 baring 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.

( 4 ) FROM the narration of the above facts, it is clear that the petitioner was granter temporary bail by the Sessions Judge and bail application shall now be considered on 18-5-92. The learned counsel for the petitioner, as mentioned above, orally prayed that a direction be issued for consideration of bail application on the same day. This prayer was made in view of the observations made in case reported in 1989 (26) ACC (Sic) 57 Rajendra v. State of U. P. and 1991 (28) ACC 178. It appears that on the basis of the observations made in the cases reported above, the Sessions Judge, Agra released the petitioner on personal bond whom the petitioner surrendered himself and presented a bail application which was posted for disposal on a subsequent date. Both the above reported cases arise from an application under S. 482, Cr. P. C. The judgment in 1989 (26) ACC 57 is as under :"the only prayer to which this petition has been confined during the arguments is relating to the fact mentioned in paragraph 16 of the affidavit of Rajendra Prasad which says that in courts at Saharanpur bail applications are not decided the day the accused surrenders but the bail applications are decided after a week without any fault on the part of the applicant. It is consequently prayed that a direction be issued that the bail application of the applicant may be considered on the same day. However, the allegation in paragraph 16 of the affidavit cannot be accepted as it is not believable that bail applications are not decided forthwith when they are presented in the courts below got without adverting to the correctness or otherwise of this allegation all that need be said is the fact that is always expected that as and when a particular person surrenders and makes an application for bail in the court below, the bail application should

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