Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12238 of 2021 Petitioner :- Arshad Anjun Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vimal Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Vimal Kumar Mishra, learned counsel for the petitioner and learned A.G.A.
Sri Anshuman Vidhu Chandra, Advocate is permitted to upload his Vakalatnama on behalf of the informant/ respondent no. 4.
The relief sought in this petition is for quashing of the F.I.R. dated 08.08.2021 registered as Case Crime No. 205 of 2021 under Sections 419, 420, 120-B, 506, 406 IPC at Police Station Machhali Shahar, District Jaunpur . Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned A.G.A. submits that a charge-sheet has already been filed against one of the co-accused, namely, Kailash Giri Goswami.
Learned counsel appearing for the informant/ respondent submits that the petitioner also has criminal history of two cases being Case Crime No. 83 of 2016 under Section 354, 323, 504, 506 I.P.C and Case Crime No.0261 of 2021 under Sections 420, 506, 34 I.P.C. and he is absconding the same.
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 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, 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 petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 17.12.2021 Aditya Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.20 15:38:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAJENDRA KUMAR Date: 2021.12.20 15:38:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad