Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34301 of 2018 Petitioner :- Dhannan Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh,Udai Prakash Deo Pandey Counsel for Respondent :- G.A.,Sandeep Kumar Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,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. in Case Crime No. 650 of 2018, under Sections 147, 323, 504, 506, 308, 304 I.P.C., registered at P.S. Robertsganj, District- Sonbhadra.
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 by the courts below in view of the settled law laid down 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 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) With the above directions, this petition is disposed of finally.
Order Date :- 28.11.2018 SA