Court No. - 25 Case :- MISC. BENCH No. - 5908 of 2010 Petitioner :- Smt. Usha Devi Bhatt And Ors. Respondent :- State Of Through Secy. Home Govt. Lko.And Ors. Petitioner Counsel :- K.K.Misra,Abhay Pratap Singh 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.
3322 of 2010 under Sections 498-A, 323, 504 and 506 IPC read with Section
3/4 Dowry Prohibition Act, police station Kotwali Unnao, district Unnao.
We have gone through the FIR. In the FIR allegations have been levelled with
respect to demand of dowry and torture given to Sonia Sharma said to be
daughter-in-law of petitioner no. 1. It has been further alleged in the FIR that
Sonia Sharma and her son, who were residing in the house of the petitioners,
are not traceable although balled averments have been made in para-11 of the
petition that Sonia Sharma is residing at her parents’ house along with her
son, which is totally contrary to what has been alleged in the FIR.
In any case, 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 the petitioners surrender and moves application
for bail, the same shall be considered and disposed of by the courts below
expeditiously while giving benefit of Section 437 Cr.P.C. to lady petitioner
nos. 1, 2 and 4 Smt. Usha Devi Bhatt (Usha Sharma), Rani Sharma alias
Anjaly and Babli Sharma.
Order Date :- 21.6.2010
Chauhan/-