RAJESH & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rajesh & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 12766 of 2007 [2007] RD-AH 14535 (27 August 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Criminal Misc. Writ Petition No. 12766 of 2007

Rajesh and another Vs. State of U.P. and others

Hon'ble S. Rafat Alam, J.

Hon'ble V.D.Chaturvedi, J.

We have heard learned counsel for the petitioners and the learned standing counsel for the State-respondents and also perused the impugned FIR.

The allegation made in the FIR prima facie discloses commission of cognizable offence and, therefore, we are not inclined to quash the same or to grant any relief to the petitioners at this stage. However, in view of the fact that there is abnormal delay in the impugned FIR and also keeping in view that petitioner no.2 Km. Pooja is an unmarried minor girl, it is provided that if petitioner no.2 surrenders before the court concerned and applies for bail in Case Crime No. 154 of 2007, under Sections 498-A/304-B, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Choubepur, District Kanpur Nagar, the same may be considered and disposed of, expeditiously, preferably on the same day, keeping in view the first proviso of Section 437 Cr.P.C.

With the aforesaid observation, the writ petition stands dismissed.

Dated: 27.8.2007

SKM

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