Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5032 of 2018 Petitioner :- Babu Lal Saroj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Kumar Saroj,Brij Kumar Saroj Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard Sri Ram Surat Saroj, learned counsel for the petitioners and Sri Sagir Ahmad learned AGA for the State.
Challenge in this writ petition is to the FIR dated 14.02.2018 lodged by the respondent no. 4 on the basis of which Case Crime No. 0043 of 2018 under Sections 308, 504, 506 IPC, Police Station-Suriyawa, District- Bhadohi has come into existence.
We have perused the impuged FIR and find the same discloses the commission of cognizable offence. More particularly, the accused petitioners have been charged for an offence punishable under Section 308 IPC.
Accordingly, we decline to exercise our discretionary jurisdiction, as such, the writ petition fails and is accordingly, dismissed.
The bail application of the petitioners shall be considered expeditiously keeping in view the law laid down in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 332 (SC) and Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290.
Order Date :- 28.2.2018 S.Chaurasia