Rahul Vishwakarma And Ors. vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 4120 ALL

Citation : 2014 Latest Caselaw 4120 ALL
Judgement Date : 7 August, 2014

Allahabad High Court

Rahul Vishwakarma And Ors. vs The State Of U.P Thru Principal ... on 7 August, 2014

Bench: Ravindra Singh, Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 1227 of 2014
 

 
Petitioner :- Rahul Vishwakarma And Ors.
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- Sandeep Srivastava
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Counsel for the petitioners is not present.

From the perusal of order sheet it reveals that this matter was sent to Mediation and Conciliation Centre of this Court on the condition that the petitioners shall deposit the amount of Rs. 15,000/- but in pursuance of the order dated 14.2.2014, the aforesaid amount was not deposited, thereafter one week further time was given to counsel for the petitioners to deposit the aforesaid amount and to take steps on 25.7.2014. There is no record to show that the aforesaid amount has been deposited.

This petition has been filed by the petitioners Rahul Vishwakarma And Ors. with a prayer to quash the F.I.R. in case crime no. 25 of 2014 under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P.Act, P.S. Vibhutikahd, District Lucknow.

From the perusal of the impugned 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 interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the facts, it is directed that in case petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others ( 2009) 4 SCC 437.

Interim order dated 14.2.2014 is hereby vacated.

With this direction, this petition is finally disposed of.

Order Date :- 7.8.2014