Himanshu Saxena And 4 Others vs State Of U.P. And 2 Ors
2015 Latest Caselaw 361 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10943 of 2015
 

 
Petitioner :- Himanshu Saxena And 4 Others
 
Respondent :- State Of U.P. And 2 Ors
 
Counsel for Petitioner :- Rama Shankar Mishra,P.K. Shukla
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Shamsher Bahadur Singh,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused material available on record.

The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing of F.I.R. dated 19.04.2015 relating to Case Crime No.167 of 2015, under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali, district Rampur.

We have carefully examined the submissions advanced by the learned counsel for the petitioners and gone through the record.

After arguing at some length, learned counsel for the petitioners submit that the petitioners do not want to press the instant petition on merits and they confine their prayer only to the extent that necessary direction may be issued to the courts below for expeditious disposal of application for bail.

Learned A.G.A. has no objection to this innocuous prayer.

The prayer being innocuous in nature is accepted.

Hence, this petition is hereby finally disposed of with the direction to the courts below that if the petitioners surrender before the courts below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]. Till the period of four weeks, no coercive measure shall be taken against the petitioners.

During this period of four weeks, the petitioners shall fully cooperate with the investigation and shall not make any attempt or effort to contact or influence the complainant or the witnesses of the case.

We hereby clarify that the aforesaid period of four weeks shall not be extended and this order shall not be treated as an implied direction of this Court to grant interim or regular bail. Such prayer shall be considered by the court concerned in accordance with law.

Order Date :- 5.5.2015

R./