Dhanpati and 2 Others v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16450 of 2023 Petitioner :- Dhanpati And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Pandey,Gaurav Kumar Yadav,Sunil Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-respondents and perused the record. By means of this writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 17.09.2023 registered as Case Crime No. 183 of 2023, under Sections 306, 506 I.P.C., P.S. Bhitauli, District Maharaj. Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. Accordingly, the prayer for quashing the FIR is declined and refused. However, it is open for the petitioners, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today. It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible. With the above observation, the writ petition is disposed of. Order Date :- 18.10.2023 Israr High Court of Judicature at Allahabad