Manoj Kumar And Ors. vs State Of ...
2014 Latest Caselaw 2727 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 33 of 2014
 

 
Petitioner :- Manoj Kumar And Ors.
 
Respondent :- State Of U.P.Throu.Prin.Secy.Deptt.Of Home Lko.And Ors.
 
Counsel for Petitioner :- Rajeev Singh
 
Counsel for Respondent :- Govt.Advocate,S.N.Pandey
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard the learned counsel for the petitioners, the learned A.G.A. and Sri S.N. Pandey, learned counsel for the complainant.

From the perusal of the record it reveals that this matter was sent to mediation center. The report of mediation center shows that it has been failed.

This petition has been filed by the petitioners Manoj Kumar And Ors with a prayer to quash the impugned F.I.R. in case crime no.  365 of 2013, under sections 498-A, 307, 504, 506, 323 IPC and section 3/4 D.P. Act, P.S. Vibhuti Khand, Gomti Nagar, district Lucknow.

From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

The interim order dated 6.1.2014 is hereby vacated.

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 disposed of.

Order Date :- 9.7.2014

RPD