Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20158 of 2018 Petitioner :- Palakdhari Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Janam Shahi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. in Case Crime No. 140 of 2018, under Sections-498A and 304- B IPC and Sections-3/4 of D. P. Act at P. S.-Kotwali, district-Azamgarh.
It is submitted by learned counsel for the petitioners that although the petitioners are the father-in-law, mother-in-law of the deceased Gudiya and named in the F. I. R. but the deceased in her dying declaration, copy whereof has been brought on record as Annexure 2 to the affidavit accompanying the writ petition, has not made any allegation against them and has stated that it was her husband who had set her ablaze and hence, qua the petitioners, the impugned F. I. R. is liable to be quashed.
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 petitioners, it is directed that in case the petitioners appear before the court concerned within three weeks from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below.
With the above directions, this petition is disposed of finally.
Order Date :- 27.7.2018 HR