Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 10971 of 2010 Petitioner :- Yogesh Kumar Mishra & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Pt. K.S. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioners and the learned AGA appearing for
the State respondents.
The petitioners through the present writ petition have invoked the
extraordinary jurisdiction of this Court under Article 226 of The Constitution
of India praying for certiorari quashing the impugned F.I.R. dated 03.04.2010,
relating to Case Crime No. 100/2010 under Sections 498-A, 323, 504, 506,
494 IPC and Section 3/4 of the Dowry Prohibition Act, P.S.- Rohniya,
District-Varanasi. The ancillary prayer is to issue a writ of mandamus
commanding the respondents not to arrest the petitioners in the aforesaid
crime number pendentilite the writ petition.
A perusal of the impugned FIR, in our view, prima facie discloses
commission of cognizable offence against the petitioners, hence there is no
reason to quash the same. Prayer for quashing the F.I.R. is rejected.On the
request of learned counsel for the petitioner, writ petition is dismissed as not
pressed.
If the petitioner no. 1 Yogesh Kumar Mishra surrenders before the Court
below within two weeks from today and moves bail application before the
Court concerned, the same shall be considered and disposed of expeditiously,
if possible on the same day.
However, the arrest of petitioner nos. 2 to 10, namely Bhupesh Kumar
Mishra, Brij Murari Mishra, Phooldei Devi, Bhrigunath Mishra, Kamraj,
Pintoo @ Tirathraj, Priti Devi, Parmanand Pandey and Pratiksha @ Roshni
shall not be made in Case Crime No. 100/2010, under Sections 498-A, 323,
504, 506, 494 IPC and Section 3/4 of the Dowry Prohibition Act, P.S.-
Rohniya, District-Varanasi, till the submission of the charge sheet.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 24.6.2010
Pkb/