Ram Chandra and others vs State of U.P.and another

Vedpal, J.

This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of the complaint filed by Smt. Lajja Wati for the offences punishable under Sections 498A, 504, 506 I.P.C. and � D.P. Act, Police Station Kamlapur, District Sitapur, pending before the A.C.J.M., Sitapur.

Notice on behalf of the opposite party no.1 has been accepted by the learned A.G.A.

Notice against the opposite party no.2 is dispensed with.

Heard the learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record the case.

Perusal of the complaint and other papers submitted therewith discloses commission of the cognizable offence. Defence of the accused cannot be considered at this stage. There appears no sufficient ground to interfere in the matter under the provisions of Section 482 Cr.P.C. The petition is devoid of merit and is liable to be dismissed.

However, it is provided that in case the petitioners surrenders in the said case before the court below and move application for bail, it shall be decided by the courts below in the light of law laid down in the case of Smt. Amrawati and another Vs. State of U.P : 2004(57) ALR 390.

With the aforesaid observations/directions, the petition is finally disposed of.