Santosh Kumar & Another vs State Of U.P. Thru. Its Secy. ...
2014 Latest Caselaw 2479 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 5564 of 2014
 

 
Petitioner :- Santosh Kumar & Another
 
Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Home & Ors.
 
Counsel for Petitioner :- Ravi Singh
 
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 Santosh Kumar & Another with a prayer to quash the FIR of case crime No. 255 of 2014 under sections 307, 332, 323, 504, 506 IPC, P.S. Salon, District Raebareli.

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 that in the present case nobody has sustained any injury, 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 :- 3.7.2014

RPD