Babita vs State Of U P And Others

Court No. - 21

Case :- CRIMINAL MISC. WRIT PETITION No. - 24133 of 2017

Petitioner :- Babita

Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Kumar Counsel for Respondent :- G.A.

Hon'ble Krishna Murari,J.

Hon'ble Akhilesh Chandra Sharma,J.

Heard learned counsel for the petitioner and the learned A.G.A.

By means of this writ petition under Article 226 of the Constitution of India, the petitioner has approached this Court challenging the first information report registered as case crime no. 193 of 2017 under Section 323, 336 & 308 I.P.C., at P.S. Etmadpur, District Agra.

A bare reading of the impugned F.I.R. goes to show that the allegations made therein prima facie constitute cognizable offence, thus there is no reason for us to interfere with the F.I.R.

In view of above, the writ petition stands rejected.

However, considering the facts that the petitioner is a girl, it is directed that in case the said petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the court below in view of the judgment rendered by this Court in the case of Smt. Amrawati and another vs. State of U.P. 2005 Cr.L.J. 755 and affirmed by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh vs. State of U.P., 2009(4) SCC 437.

Order Date :- 7.11.2017 nd