BABOO RAM GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) K. Narayan, J. The petitioners have approached this Court with a prayer for a direction to the opposite parties Nos. 1 to 3, not to arrest the petitioners in the matter of Crime No. 469-A of 1994. There has also been another prayer for quashing the first information report through a writ of certiorari which has been deleted by the learned Counsel. After deletion of this prayer, the opposite party No. 4 has also become an unnecessary party and he has also been discharged.

(2.) THE learned Counsel for the petitioners has urged that because the offences alleged in the said F. I. R. , are under Sections 392, 307, 504 323 and 506,i. P. C. , their bail is not likely to be considered by the Magistrate and they may have to be in jail for some time before the bail matter goes to the Court of Sessions. Out of the above sections, only Section 307 I. P. C. , is triable by the Court of Sessions and the rest are triable by the Magistrate.