Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16230 of 2019 Petitioner :- Sarita And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Priya Ranjan Rai Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 11.5.2018 in Case Crime No.0159 of 2019, under Sections 147, 148, 323, 324, 504 and 506 IPC, P.S.
Mohammadabad, District Mau.
Learned counsel for the petitioners submits that one of the accused, namely, Radhika had lodged the FIR against the respondent no. 3 of this case and because of that enmity, the present false case has been lodged against the petitioners. No such FIR has been placed on record which is alleged to have been lodged by Radhika.
Learned A.G.A. opposed the prayer for quashing the first information report.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
However, it is provided that if the petitioners appear and surrender before the court below within 30 days from today and apply for bail, then their bail application shall be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the petitioners. However, in case, the petitioners do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 11.6.2019 Meenu