Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 1452 of 2010 Petitioner :- Babu Ali & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Shesh Nath Yadav Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the petitioners and AGA for the
State.
The relief sought in this petition is for quashing the FIR
registered as case crime no.14 of 2010 under Sections 498-
A/323/504/506 IPC and 3/4 D.P. Act Police Station
Muradnagar, district Varanasi.
From the perusal of the FIR, it appears that on the basis of
allegations made therein, the cognizable offence is made out.
Therefore, the prayer for quashing the FIR is refused.
However, it is directed that in case the petitioners No. 2 to 5
namely Lal Mohammad @ Taulan, Smt. Hajara, Smt. Sitara
and Km. Khanno appear before the Magistrate concerned
within three weeks from today and apply for bail, the same
shall be considered and disposed of expeditiously by the
Courts Below on the same day in view of the decision of the
Apex Court in case of Lal Kamlendra Pratap Singh Vs. State
of U.P & others; 2009 ACC 966.
With the aforesaid directions, the petition is finally disposed
of.
Order Date :- 1.2.2010
GNY