Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8730 of 2021 Petitioner :- Ajay Pandey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Srivastava,Sarvesh Pandey Counsel for Respondent :- G.A.,Pavan Kumar,Rajshekhar Srivastava
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners, Shri RajShekhar Srivastava, learned counsel for respondent no.3 and the learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 16.09.2021 in Case Crime no.0197/2021 under Section 323, 504, 506, 376 IPC, P.S. Daraganj, District Prayagraj. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned A.G.A. opposed the prayer for quashing the FIR, which discloses congnizable 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 the judgment dated 07.10.2021 in Leelavati Devi @ Leelawati and Anr. vs. 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 A. Pandey