Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10153 of 2021 Petitioner :- Abhishek Singh And 7 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Saurabh Yadav Counsel for Respondent :- G.A.,Vikram Shah Sisodia
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Saurabh Yadav, learned counsel for the petitioners, learned A.G.A for the State respondents and Vikram Shah Sisodia, learned counsel for the respondent no. 4.
The relief sought in this petition is for quashing of the F.I.R. dated 31.07.2021 registered as Case Crime No. 461 of 2021 under Sections 498-A, 323, 504, 376 IPC & 3/4 of D.P. Act at Police Station Gandhi Park, District Aligarh. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 16.12.2021 Aditya