Partly allowed

Sushila Devi and 6 Others v. State of U P and 3 Others

Allahabad HC17 Dec 2018CRLP/36767/2018

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking quashing of an FIR. The court held that prima facie a cognizable offence was made out, refusing to quash. However, interim bail was granted to two petitioners upon their appearance or surrender within thirty days.

What did the court decide?

Prayer for quashing of FIR refused. Prayer for stay on arrest refused. Two petitioners granted interim bail subject to appearance within 30 days.

Sushila Devi and 6 Others Vs State of U P and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 36767 of 2018

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Petitioner :- Sushila Devi And 6 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Om Singh Rathaur Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioners and the learned A.G.A. for the State.

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By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 23.11.2018 registered as Case Crime No.324 of 2018, under Sections 147,452,427,325,323,308,504,506 IPC, P.S. Rasra, District Ballia.

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It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.

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Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.

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From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.

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However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.

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The petitioner nos.1 & 2, namely, Sushila Devi and Rita Devi shall be released on interim bail till the final disposal of the regular bail application.

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In the light of above observations, this petition is accordingly disposed of.

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Order Date :- 17.12.2018

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M. Tariq

Sushila Devi and 6 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Sushila Devi and 6 Others v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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