Court No. - 28 Case :- MISC. BENCH No. - 10249 of 2009 Petitioner :- Smt. Kumkum Saxena W/O Late Dr. Shyam Kumar Saxena & Anr. Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Alok Saxena Respondent Counsel :- G.A.,Pushkar Baghel Hon'ble Alok K. Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
List revised. None responds for the other side while learned counsel for
the petitioners is present. In this case, as per report of the Registrar,
mediation has unfortunately failed.
Heard learned counsel for the petitioners, learned A.G.A. and perused
the material placed on record.
Perusal of the F.I.R. discloses commission of cognizable offence.
Therefore, it cannot be quashed.
However, learned counsel for the petitioners submits that though
mediation has unfortunately failed but the offences are not so grave and
are triable by Magistrate. It is also submitted that the petitioners being
law abiding citizens intend to appear before the Court below to
participate in the proceedings after obtaining bail.
In view of the above, this petition is disposed of finally with the
direction that if the petitioners appear before the court below within a
month from today and apply for bail, the same shall be considered
expeditiously preferably on the same day, if possible, keeping in view
the proposition of law laid down in the case of Smt. Amrawati and
another Vs. State of U.P. reported in 2004 CBC page 705 and Lal
Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (1) JIC
677.
Petition stands disposed of finally.
The connected Writ Petition No.10411 (MB) of 2009 be delinked from
this case.
Order Date :- 28.1.2010
ML/-
