Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6306 of 2021 Petitioner :- Arun Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Nath Shukla,Pradeep Kumar Bhardwaj Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents no. 1 to 3 and learned counsel for the informant-respondent no. 4.
This writ petition has been filed praying for the following reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the first information report 09.07.2021 in F.I.R/Case Crime No. 0211 of 2021 Under section 376, 506 I.P.C at Police Station Kotwali, District Basti.
II. 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 09.07.2021 in of F.I.R/Case Crime No. 0211 of 2021 Under section 376, 506 I.P.C, at Police Station Kotwali, District Basti."
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 OnLine 2021 SC 192, 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 :- 19.8.2021 Vikram