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Judgment
Heard learned Counsel for the petitioners and per used the materials placed on the record.
Petitioners are involved in case crime No. 17/2000 under Sections 147, 323, 436, I.P.C., Police Station Jahangeerabad district Barabanki. The allegation against the petitioners is that they set fire to Matador Taxi after the Taxi had knocked down a boy. There is no allegation that any building was set to fire. As such no offence under Section 436, I.P.C. is disclosed from the perusal of the FIR. At most it can be said that case falls under Section 435, I.P.C which is bailable offence. Offences under Sections 147 and 323, I.P.C. are also bailable offences.
Considering this we are not inclined to exercised discretionary writ jurisdiction to quash the FIR or investigation of the case, but we direct that in case petitioners appear and make an application for bail, the learned Magistrate shall dispose of the bail application in the light of observations made above that the offence does not fall under Section 436, I.P.C.
With the above direction writ petition is finally disposed of.
Let a copy of this order be supplied to the learned Counsel for the petitioners by tomorrowon payment of usual charges.