DURGESH AND ANOTHER Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2012-1-667
HIGH COURT OF ALLAHABAD
Decided on January 13,2012

Durgesh And Another Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioners and learned Additional Government Advocate. This writ petition has been filed for quashing of an FIR in case crime No.205 of 2011 under Sections 323, 504, 506 IPC and 3(1)(X) SC/ST Act, P.S. Belghat, District - Gorakhpur.
(2.) THE writ court is not competent to go into questions of facts and on the allegations, it cannot be said that no prima facie case is disclosed.
(3.) HENCE , no ground exists for quashing the FIR or staying the arrest of the petitioners. However, in the circumstances of the case, it is provided that if the petitioners move an application for surrender before the court concerned within three weeks from today, the Magistrate concerned shall fix a date about ten days thereafter for the appearance of the petitioners and in the meantime release the petitioners on interim bail on such terms and conditions as the court concerned considers fit and proper till the date fixed for the disposal of the regular bail.;


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