Smt. Shashi Mutneja & 3 Others vs State Of U.P., Thru. Secretary ...
2014 Latest Caselaw 2962 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 5826 of 2014
 

 
Petitioner :- Smt. Shashi Mutneja & 3 Others
 
Respondent :- State Of U.P., Thru. Secretary Home & 3 Others
 
Counsel for Petitioner :- Anoop Trivedi,Shanker Singh
 
Counsel for Respondent :- Govt. Advocate,Jasbir Singh Walia
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard Sri Jasveer Singh Walia, learned counsel for the petitioners and learned A.G.A. for the State of U.P.

This petition has been filed by the petitioners Smt. Shashi Mutneja & 3 Others with a prayer to quash the FIR of case crime No. 425 of 2013 under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Ashiyana, District Lucknow.

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 :- 11.7.2014

RPD