Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24942 of 2018 Petitioner :- Ashif And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shamshad Ahmad,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Sri Mohd. Zakir, Advocate has filed his vakalatnama on behalf of the respondent no. 4 in the Court today is kept on record.
Heard Sri Manoj Kumar Tripathi, learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 to 3 and Sri Mohd. Zakir, learned counsel for the respondent no. 4.
Following order was passed by this Court in this case on 09.10.2018 :-
"Seen the office report dated 28.09.2018, according to which learned counsel for the petitioners has not taken steps for effecting service upon respondent no. 4.
List on 29.10.2018.
In the meantime, learned counsel for the petitioners shall take steps for effecting service on respondent no. 4.
On that date, respondent no. 4 shall appear before this Court in person."
In compliance of the aforesaid order of this Court dated 09.10.2018, the respondent no. 4 appeared before us in person today and did not consent to this matter being referred to the Mediation Centre.
In view of the above, we proceed to examine this matter on merits.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 05.06.2018 registered as Case Crime No. 155 of 2018, under Sections 498-A, 504, 506, 354, 376-D, 307 I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Bhawan Bahadur Nagar, District- Bulandshahar.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein, a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, after perusing the record and considering the nature of the allegations, it is directed that in case the petitioners appear before the court concerned within four weeks from today and apply for bail, the same shall be considered and disposed of expeditiously by the courts below.
With this direction, this petition is finally disposed of.
Order Date :- 29.10.2018/KS