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ALLAHABAD HIGH COURT
Ravindra Singh, Manoj Kumar Gupta, JJ.
Amar and 3 Others - Appellant
Versus
State of U.P. and 2 Others - Respondent
Criminal Misc. Writ Petition No. - 40 of 2015
Decided On : 12-01-2015
FIR Quashing - Criminal Procedure - The court refused to quash the FIR filed under sections 323, 504, 506, 452 IPC, as the prima facie cognizable offence was made out. However, the court directed that if the petitioners appear before the court concerned within 30 days and apply for bail, the same shall be heard and disposed of in view of relevant case law.
Fact of the Case:
The petitioners filed a petition to quash the FIR of case crime No. 1020 of 2014 under sections 323, 504, 506, 452 IPC, P.S. Sonaha, District Basti.
Finding of the Court:
The court refused to quash the FIR but directed that bail application, if made within 30 days, shall be heard and disposed of in view of relevant case law.
Issues: Petition to quash FIR, Bail application
Ratio Decidendi: Prima facie cognizable offence made out, no interference in the FIR, bail application to be heard and disposed of in view of relevant case law
Final Decision: The petition to quash the FIR was refused, but the court directed that bail application, if made within 30 days, shall be heard and disposed of in view of relevant case law.
Heard learned counsel for the petitioners and learned A.G.A.
2. This petition has been filed by the petitioners Amar, Ramrati, Meera and Reena with a prayer to quash the FIR of case crime No. 1020 of 2014 under sections 323, 504, 506, 452 IPC, P.S. Sonaha, District Basti.
3. 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.
4. 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.
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