Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 981 of 2010 Petitioner :- Rohit Sharma @ Himmat & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashwini Kumar Srivastava,Manoj Kumar Srivastava 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.884 of 2009, under Sections 498-A, 323, 506 IPC and ¾ D.P. Act,
Police Station Massoorie, district Ghaziabad.
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 petitioner no.2 to 6 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 :- 28.1.2010
Gaurav
