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Smt. Ainulnisha And Others v. State Of U.P. Thru. Sec. Home And Others - CRIMINAL MISC. WRIT PETITION No. 5994 of 2005  RD-AH 1478 (14 June 2005)
Hon'ble A.K. Yog J.
Hon'ble Vikram Nath J
This writ petition, under Article 226 Constitution of India is in the matter of First Information Report dated 2.6.2005 Registered as case Crime No.283 of 2005 under Sections 498-A,323 I.P.C.& Section 3 /4 Dowry Prohibition Act, P.S. Kalyanpur District Kanpur Nagar (U.P.), pending investigation.
Learned counsel for the petitioner fails to satisfy, prima facie at this stage, that no offence in law is made out. Therefore, no case for quashing the F.I.R. during investigation is made out, at this stage.
As far as prayer for bail of the petitioner/s, during investigation is concerned, petitioner/s has an alternative remedy by approaching the concerned respondent/ authority for grant of bail as per law including the Full Bench decision in the case of Amrawati Vs. State, 2004(57) A.L.R. 389, without being prejudiced, in any manner, by dismissal of this Writ Petition.
Hence no case is made out to invoke discretionary extraordinary jurisdiction under Article 226, Constitution of India.
Writ Petition is dismissed summarily in limine without entering into the merits of the case, subject to the above observations.
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