Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20203 of 2018 Petitioner :- Badan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 26.03.2018 registered as Case Crime No.0218 of 2018, under Sections 147, 307, 302, 452, 323, 504 I.P.C., Police Station Bhogaon, District Mainpuri.
It has been submitted by the learned counsel for the petitioner that the deceased in her dying declaration, copy whereof that has been brought on record as Annexure 2 to the supplementary affidavit, has not made any allegation against the petitioner. She stated that Amar Singh (father-in-law), Ranjeet and Rajpal (brothers-in-law) and devar Dheeraj had set her ablaze after pouring kerosene oil on her.
In view of the above, the FIR qua the petitioner, who is younger brother of father-in-law of Dheeraj, is liable to be quashed.
From a 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, it is directed that in case the petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of
U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.7.2018 Anand Sri./-