Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 23027 of 2018
Petitioner :- Satkaur And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Kumar
Counsel for Respondent :- G.A.,Yogesh Kumar
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned A. G. A. for the State and Sri Yogesh Kumar, learned counsel for respondent no. 4.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 14.6.2018 lodged in Case Crime No.714 of 2018, under Sections 498A, 323, 316, 420, 504, 506 I.P.C. and 3/4 D.P. Act, at P. S.-
Khurja Nagar, district Bulandshahar.
Learned counsel for the petitioners states that on account of matrimonial discord between the spouses, petitioner nos. 1 to 3, who are mother-in-law, brother-in-law and married sister-in-law, have been falsely implicated in the present case by the respondent no.4 on general allegations Learned counsel for respondent no. 4 states that as per averments made in the petition itself, which is also interrogated in the FIR, prima facie offece is made against the petitioners.
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 :- 23.8.2018 Arvind