Court No. - 25 Case :- MISC. BENCH No. - 6075 of 2010 Petitioner :- Badka & Others Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Dinesh Kumar Chaudhary,B.Q. Siddiqui Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
C-08 of 2010, under Sections 452, 323, 504, 506 and 406 IPC read with
Sections 3 (I) (X) SC/ST Act, police station Gaisari, district Balrampur.
We have gone through the FIR and injury report of complainant annexed as
Annexure Nos. 1 and 5 to the petition.
In view of the above and since the FIR discloses commission of cognizable
offence, as such, the same cannot be quashed.
The writ petition is misconceived and is accordingly dismissed.
However, it is provided that if petitioner nos. 2 and 3 surrender and move
application for bail, the same shall be considered and disposed of by the
courts below expeditiously and if petitioner no. 1 Badka, who is lady,
surrenders and moves application for bail, the same shall be considered and
disposed of by the court below expeditiously by giving her benefit of Section
437 Cr.P.C.
Order Date :- 28.6.2010
Chauhan/-