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Rohtaso Devi And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|21 August, 2018
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JUDGMENT / ORDER

Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22711 of 2018
Petitioner :- Rohtaso Devi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushpendra Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,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 a prayer to quash the F.I.R. dated 02.05.2018 lodged in Case Crime No.0158 of 2018, under Sections 420, 494, 498A I.P.C., at P. S.- Siana, district Bulandshahr.
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 thirty days from today and apply 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 :- 21.8.2018 S.Ali
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Title

Rohtaso Devi And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 August, 2018
Judges
  • Rajesh Dayal Khare
Advocates
  • Pushpendra Singh