Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37564 of 2018 Petitioner :- Vijay Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Tiwari,K.S. Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for petitioner and learned A.G.A. for State.
This writ petition has been filed for quashing the F.I.R. dated 3.12.2018 in Case Crime No. 543 of 2018, under Sections 498A, 323,504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Phoolpur, District- Varanasi.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the petitioner. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of above, the prayer for quashing the F.I.R. in the aforesaid case, is hereby refused.
However, if petitioner appears and applies for bail, then his bail application shall be decided on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
In view of above directions, the writ petition is disposed of.
Order Date :- 20.12.2018 aks