Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 336 of 2010, under Sections 498-A, 323, 504, 506 & 364 IPC read with Section 3/4 Dowry Prohibition Act, police station Kotwali Nagar, district Pratapgarh.
Very outrightly learned counsel for the petitioners has submitted that he does not want to press this petition on behalf of petitioner Nos. 1 & 4, namely, Ram Krishna Mishra (husband) and Shakuntala Devi (mother-in-law) since they have already been arrested.
We have gone through the contents of the FIR which disclose commission of cognizable offence. Apart from that the victim has not yet been recovered.
In view of above, the FIR cannot be quashed.
The writ petition is misconceived and is accordingly dismissed.
However, it is provided that if petitioners No. 2, 3 & 6, namely, Dhananjay Mishra alias Bablu, Yogesh Mishra and Krishna Kumar Mishra surrender and move application for bail the same shall be considered and decided expeditiously by the courts below. So far as petitioner No. 5, namely, Manju is concerned, it is provided that if she surrenders and moves application for bail, the same shall be considered and decided expeditiously by the courts concerned giving her benefit of Section 437 Cr.P.C. being lady.
Order Date :- 29.6.2010 Pradeep/-