Israt Hussain Zaidi vs State Of U.P. Thru Secy Home And ...
2012 Latest Caselaw 2388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 4300 of 2012
 

 
Petitioner :- Israt Hussain Zaidi
 
Respondent :- State Of U.P. Thru Secy Home And Others
 
Petitioner Counsel :- Subedar Khan,Sheebu Khan
 
Respondent Counsel :- Govt. Advocate,D.C. Singh,Ram Kumar,Sanjeev Pandey
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioner and learned Additional Government Advocate.

This writ petition has been filed for quashing of an F.I.R. in case crime no.09 of 2012, under Sections 498A/323/504/506/406/120B IPC, P.S.-Hazratganj Mahila Thana, District-Lucknow.

The writ court is not competent to go into questions of facts and on the allegations, it cannot be said that no prima facie case is disclosed.

Hence, the FIR cannot be quashed by this Court at this stage.

However, in view of the contention of the counsel for the petitioner that dispute can be settled amicably between the parties, it is provided that if the petitioner appears before the Magistrate concerned within three weeks from today, the Magistrate concerned shall release the petitioner on interim bail on his furnishing personal bonds. After releasing the petitioner on interim bail, the Magistrate concerned shall himself or through any agency existing for mediation/conciliation or counselling in the district send the matter for mediation/conciliation or counselling and in case the matter is amicably resolved in the said proceedings, the Investigating Agency and the court concerned may take a decision as to whether final report may be submitted or appropriate orders be passed in the criminal proceedings. The mediating agency shall inform the factum of success or failure of the mediation within one week of conclusion of the mediation/conciliation proceedings. In case the matter could not be resolved in the mediation proceedings, the court concerned may consider the matter of final bail on merits in accordance with law.

For a period of three weeks from today or till the petitioner appears/surrenders before the court below and apply for bail (whichever is earlier), the petitioner shall not be arrested in the aforesaid case.

It is made clear that if the petitioner fails to appear before the court concerned for the purpose of applying for bail within the time allowed, no further extension will be given.

With the aforesaid observations, this petition is disposed of.

Order Date :- 31.5.2012

S. Kumar