Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5554 of 2019 Petitioner :- Vinay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Archana Kumari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for petitioners and learned A.G.A. for State.
This writ petition has been filed for quashing the F.I.R. dated 1.8.2018 in Case Crime No. 0400 of 2018, under Sections 498- A 323 & 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Cholapur, 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 petitioners appear and apply for bail, then their bail application shall be decided on the same day on which they are 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 :- 28.2.2019 Ashutosh Pandey