Smt. Uma and Others Vs. State of U.P. and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/918193
SubjectRight to Information
CourtAllahabad High Court
Decided OnNov-15-2010
Case NumberCRIMINAL MISC. WRIT PETITION No. - 3247 of 2010
JudgeRavindra Singh; Arvind Kumar Tripathi, JJ.
AppellantSmt. Uma and Others
RespondentState of U.P. and Others
Appellant AdvocateAjay Vashistha, Adv
Respondent AdvocateGovt. Advocate; Vijay Gopal, Adv
Excerpt:
1. list revised. learned counsel for the petitioners is not present. 2. heard learned a.g.a. and perused the record. 3. this petition has been filed with a prayer to quash the impugned first information report of case crime no.917 of 2009 under sections 498a, 506 i.p.c. and 3/4 d.p. act, pa. atmatdaula, district agra. 4. on the request of learned counsel for the petitioners this matter was referred to the mediation centre of this court. the report of the mediation centre shows that both the parties are not willing in the mediation. the allegations made in the first information report are prima facie disclosing the commission of offence punishable under sections 498a, 506, i.p.c. and 3/4 d.p. act. 5. in view of the above, there is no good ground to interfere with the case and the prayer for quashing the impugned first information report is refused. the interim order dated 25.2.2010 is hereby vacated. 6. however, considering the fact and circumstances of the case it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, their bail application shall be considered and disposed of in strict compliance of the directions given by full bench of this court in the case of smt.amrawati and another vs. state of u.p. (2004) (57) alr, 390.   7. with the above direction this petition is finally disposed of.
Judgment:

1. List revised. Learned counsel for the petitioners is not present.

2. Heard learned A.G.A. and perused the record.

3. This petition has been filed with a prayer to quash the impugned First Information Report of Case Crime No.917 of 2009 under Sections 498A, 506 I.P.C. and 3/4 D.P. Act, PA. Atmatdaula, District Agra.

4. On the request of learned counsel for the petitioners this matter was referred to the Mediation Centre of this Court. The report of the Mediation Centre shows that both the parties are not willing in the mediation. The allegations made in the First Information Report are prima facie disclosing the commission of offence punishable under Sections 498A, 506, I.P.C. and 3/4 D.P. Act.

5. In view of the above, there is no good ground to interfere with the case and the prayer for quashing the impugned First Information Report is refused. The interim order dated 25.2.2010 is hereby vacated.

6. However, considering the fact and circumstances of the case it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, their bail application shall be considered and disposed of in strict compliance of the directions given by full bench of this Court in the case of Smt.Amrawati and another vs. State of U.P. (2004) (57) ALR, 390.  

7. With the above direction this petition is finally disposed of.