Court No. - 20 Case :- MISC. BENCH No. - 6173 of 2010 Petitioner :- Daya Shanker & Others Respondent :- State Of U.P., Thru. Home Secretary, & Others Petitioner Counsel :- Virendra Kumar Shukla Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed by the petitioners for quashing the
impugned F.I.R. dated 15.6.2010 in case Crime No.406/2010
under Sections 452, 376, 323, 504, 506 I.P.C. of Police Station
Kotwali Amethi District Sultanpur.
Submission of the learned counsel for the petitioners is that in
fact civil litigation was pending between the parties in which the
court had pleased to pass interim order of status quo with regard
to the disputed property. The complainant just to get the accused
jailed has lodged the F.I.R. with false allegation which is liable to
be quashed.
We have gone through the contents of the F.I.R. which disclose
commission of cognizable offence mentioned therein and as such
it cannot be quashed.
Accordingly the writ petition is dismissed.
However, provided that if the petitioners appear before the court
below and apply for bail the same shall be considered and
disposed of expeditiously by the court below.
Order Date :- 2.7.2010
Sks