Court No. - 20 Case :- MISC. BENCH No. - 6654 of 2010 Petitioner :- Devendra Vikram Singh & Ors. Respondent :- State Of U.P. Thru Secretary Home & Ors. Petitioner Counsel :- K.P. Gupta Respondent Counsel :- G.A.,Dr. V.K. Singh,Manisha Singh 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 under Article 226 of the Constitution of India has been
filed by the petitioners for quashing the impugned F.I.R. registered as
Case Crime No.541 of 2010 under Sections 498A,323,506,354 IPC and
3/4 D.P.Act IPC, Police Station Gazipur district Lucknow and also for
direction to the opposite parties not to arrest the petitioners in pursuance
to the said impugned F.I.R.
The submission of the learned counsel for the petitioners is that Smt.
Sonia sister of petitioners was married to Abhishek Singh who had
lodged the first information report against her husband, Abhishek Singh
, her father-in-law, her brother-in-law and others on 26.05.2010 under
Section 498A,323,506,354 IPC and 3/4 D.P.Act The accused were
arrested by the Police Kanpur on 26.06.2010. Thereafter on 27.06.2010
Smt. Sushma Singh the wife of one of the accused namely R.P.Singh
has lodged the impugned first information report with false allegation
by way of counter blast. The petitioners, therefore, deserve to be
protection during the investigation.
We have gone through the contents of the FIR which disclose
commission of cognizable offence and as such it cannot be quashed.
Therefore, the writ petition is liable to be dismissed.
The writ petition is, therefore, dismissed.
However, considering the submission of learned counsel for the
petitioners as well as keeping in view the facts of the case it is observed
that if the petitioners appear before the court below and move any
application for bail, the same shall be disposed of by courts below
expeditiously preferably on the same day, keeping in view the law laid
down by the Hon’ble Apex Court in the case of Lal Kamlendra Pratap
Singh Vs. State of Uttar Pradesh and others, reported in (2009) 4 SCC
437 and by the full Bench of this Court in case of Smt. Amrawati Vs.
State of U.P., reported in 2004 (57) ALR 390.
Order Date :- 19.7.2010
Amit