Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2702 of 2021 Petitioner :- Amajad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashpal Yadav,Sunil Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Samit Gopal,J.
Sri Yashpal Yadav, learned counsel for the petitioners and Sri Gaurav Pratap Singh, for the State respondents.
This writ petition has been filed seeking quashment of FIR dated 16.1.2021 lodged against the petitioners in respect of Crime No. 11 of 2021 for the offence under Sections 498A, 323, 354, 376, 511, 504, 506, 494 I.P.C. P.S. Mahila Thana, District Muzaffarnagar.
Counsel for the petitioners submits that this is the second report lodged by the complainant, her earlier report was investigated and nothing was found against the petitioners.
Per contra, it has been argued by the State counsel that prima facie cognizable offence has been made out. He further submits that once cognizable offence is made out, FIR cannot be quashed and no interim relief can be granted.
We have heard the parties.
From the contents of FIR, cognizable offence appears to have been made out and the arguments advanced by counsel for the petitioners may be a good defence but not substantial enough on which basis FIR can be quashed. Further considering the law laid down by the Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433), we find it difficult to quash the proceedings.
So far as interim relief is concerned, once we have declined to interfere in the writ petition, question of granting any interim relief to the petitioners, does not arise and this has been settled by the Apex Court in the case of State of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the order dated 19.11.2020 passed by the Apex Court in the case of Samiksha Singh @ Nikki vs State of U.P. and other in Special Leave to Appeal (Criminal) No. 4650 of 2020.
The petition has no substance and the same is dismissed.
Dismissal of the writ petition may not come in the way of petitioners to avail the remedy available to them for anticipatory bail.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 6.4.2021 RK