Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7587 of 2021 Petitioner :- Ankit And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A.,Nirbhay Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners, learned A.G.A and Shri Nirbhay Singh, learned counsel for the complainant- respondent.
This writ petition has been filed praying for the following main reliefs:
" i) issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 29.3.2021 in Case Crime No. 154 of 2021 under Sections 323, 504, 506, 308 IPC and Section 3 (2) (5) SC/ST Act, Police Station Tundla, District Firozabad.
ii) issue a writ order or direction in the nature of mandamus directing the respondent No. 2 not to arrest the petitioners in pursuance to Case Crime No. 154 of 2021 under Sections 323, 504, 506, 308 IPC and Section 3 (2) (5) SC/ST Act, Police Station Tundla, District Firozabad."
It is contended by learned counsel for the petitioners that bail has already been accorded to the co-accused by the concerned court.
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, 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 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 Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2021 Jaswant