Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 934 of 2010 Petitioner :- Naushad Khan & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- K. Prabhakar Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
The petitioners have filed this writ petition with a prayer for quashing
the First Information Report dated 9.1.2010 in Case Crime No. 35 of
2010 under sections 498A/323/504/506 I.P.C. & 3/4 of the Dowry
Prohibition Act, P.S. Kotwali district Jalaun.
On a perusal of the F.I.R. we are of the opinion that on the basis of the
allegations made therein, prima facie offence is made out. In such
circumstances, no interference is required by this Court. Therefore, the
prayer for quashing the F.I.R. is rejected.
Petitioners No. 2 and 4 are the parents of the husband of respondent
No. 4 and are aged persons.
Considering these facts, it is directed that if the petitioner No. 2
Manshab Khan and petitioner No. 4 Smt. Shahana surrender within 30
days from today and apply for bail in Case Crime No. 35 of 2010 under
sections 498A/323/504/506 I.P.C. & 3/4 of the Dowry Prohibition Act,
P.S. Kotwali district Jalaun, their bail application will be considered and
disposed of by the Courts below expeditously on the same day, in view
of the Full Bench decision of this Court in the case of Amrawati Versus
State of U.P., 2005 Crl.L.J., 755.
With these directions, this writ petition is disposed of.
Sri A.K. Tewari has appeared on behalf of opposite party No. 4.
Order Date :- 22.1.2010
AM/-