Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6271 of 2021 Petitioner :- Appu Yadav and another Respondent :- State Of U. P. And Others Counsel for Petitioner :- Nitesh Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A. Present writ petition has been filed seeking following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 04.7.2021 bearing Case Crime No.0260 of 2021 under Sections 147, 148, 323, 504, 506, 341 & 308 IPC, Police Station Kotwali, District Mau (Annexure No.1 to this writ petition).
(ii). to issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of First Information Report dated 04.07.2021 bearing Case Crime No.0260 of 2021 under Sections 147, 148, 323, 504, 506, 341 & 308 IPC, Police Station Kotwali, District Mau.
(iii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case.
(d) to award cost of the petition to the petitioners."
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 ors 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 under law.
Confronted with this situation, learned counsel for the petitioners states that the petitioners want to withdraw the writ petition with liberty to apply for anticipatory bail/bail.
Learned A.G.A. has no objection to the aforesaid request of the petitioners.
In view of the aforesaid, the writ petition is disposed of with liberty to the petitioners to avail the remedy as available to him under the law.
It is made clear that we have not expressed any opinion on merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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 :- 24.8.2021 RKP Digitally signed by RAM KRISHNA GAUTAM Date: 2021.08.24 17:00:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.08.24 17:02:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad