Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19933 of 2018 Petitioner :- Deepak Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Dubey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 04.05.2018 lodged in Case Crime No. 490 of 2018, under Sections 323, 504, 506, 326, 316, 498A IP.C., and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali,District Mainpuri.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 26.7.2018 S.Ali