Allahabad High Court
Krishna Kumar And Ors. 9324 (M/B)2014 vs State Of U.P.Throu.Prin.Secy.Home ... on 26 September, 2014
Bench: Ravindra Singh, Ashwani Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- REVIEW PETITION No. - 709 of 2014 Petitioner :- Krishna Kumar And Ors. 9324 (M/B)2014 Respondent :- State Of U.P.Throu.Prin.Secy.Home Civil Sectt.Lko.& Ors. Counsel for Petitioner :- Sooraj Lal Hon'ble Ravindra Singh,J.
Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed with a prayer to recall the order dated 18.09.2014 by which the petition filed by the petitioner has been dismissed on the statement given by learned A.G.A. that in the present case chargesheet has been submitted .
It is submitted by learned counsel for the petitioners that in the present case no charge sheet has been, he has obtained the questionnaire.
Considering the submission made by learned counsel for the petitioner, it is directed thatr in case the charge sheet has not been submitted in the court and the petition has been filed before submission of the charge sheet, then there is no need to recall the earlier order.
This petition has been filed by the petitioners Krishna Kumar And Ors. with a prayer to quash the FIR of case crime No. 9A of 2013 under sections 147, 148, 452, 323, 504, 506, 352, 427 IPC, P.S. Chhapiya, District Gonda.
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.
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.
Order Date :- 26.9.2014 RPD