Court No. - 25 Case :- MISC. BENCH No. - 415 of 2010 Petitioner :- Rafi S/O Alijan & Ors. Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Sushil Mishra Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
The petitioners by means of this writ petition under Article 226 of
Constitution, have prayed for quashing FIR relating to case crime no. 1790 of
2009 under Sections 498-A, 323 & 504 IPC read with Section 3/4 of the
Dowry Prohibition Act of Police Station Auras, district Unnao.
We have gone through the contents of the FIR. In our opinion, since the
allegations made in the FIR disclose commission of cognizable offence as
such the same cannot be quashed.
However, it is directed that if the petitioner No. 3 Smt. Shaboo and petitioner
No. 5 Lukkan surrrender before the court concerned and move application for
bail, they being ladies, their bail application shall be heard and disposed of
expeditiously by the courts below giving them the benefit of Section 437
Cr.P.C.
It is further directed that if the remaining petitioners surrender before the
Court below and move application for bail, their bail applications shall be
heard and disposed of expeditiously by the Courts below.
Subject to the above, the writ petition is finally disposed of.
Order Date :- 21.1.2010
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