Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37281 of 2018 Petitioner :- Sukh Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ajay Kumar Srivastava for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 18.9.2018 in Case Crime No. 0391 of 2018, under Section 498 A, 304 B IPC and Section 3/4 D.P. Act, P.S. Rath, Distt. Hamirpur.
A perusal of the FIR shows that allegation has been made that Uma, daughter of the informant was married to Devendra Yadav son of the petitioners in the year 2013. The petitioners were demanding additional dowry and in that relation they were torturing the deceased. On the date of incident they have murdered the deceased by way of throttling. The FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, if the petitioners surrender before the court below and apply for bail then their bail application shall be considered and suitable order may be passed on it, expeditiously, in accordance with law.
The writ petition is disposed of.
Order Date :- 19.12.2018 Rahul /-