Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10061 of 2021 Petitioner :- Abid And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Mohd. Aslam Counsel for Respondent :- G.A.,Chandra Bhushan Prasad
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A. Shri Om Prakash and Shri Avinash Pandey appear for the complainant.
Present writ petition has been preferred for quashing the FIR dated 30.09.2021 registered as Case Crime No.316 of 2021 under Section 498A, 323, 376 IPC and Section 3/4 Dowry Prohibition Act and Section 3/4 Muslim Women (Marriage Right of Protection) Act, 2019, P.S. Thana Bhawan, Distt. Shamli and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 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 :- 29.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 18:00:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 18:02:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad