Citation : 2014 Latest Caselaw 5196 ALL
Judgement Date : 28 August, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. BENCH No. - 8125 of 2014 Petitioner :- Shyam Shanker Gaur And Ors. Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors. Counsel for Petitioner :- Amar Nath Dubey Counsel for Respondent :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed by the petitioners Shyam Shanker Gaur And Ors. with a prayer to quash the FIR of case crime No. 248 of 2013 under sections 354, 323, 504, 506 IPC, P.S. Antu, District Pratapgarh.
From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR 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 in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.
With this direction, this petition is finally disposed of.
Order Date :- 28.8.2014
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