Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12381 of 2021 Petitioner :- Atik And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Ojha Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, learned A.G.A for the State-respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 11.10.2021 registered as Case Crime No. 0422 of 2021 under Section 380 IPC at Police Station Mandi Dhanaura, District Amroha. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned A.G.A informs that petitioner no. 1 has criminal history of four cases under the same sections 1. Case Crime No. 617 of 2018, under Section 380, 504 IPC, P.S. Gajraula District Amroha. 2 Case Crime No. 163 of 2019, under Section 379 IPC, P.S. Bacharau, District Amroha. 3. Case Crime No. 37 of 2018, under Section 380 IPC, P.S. Mandi Dhanaura, District Amroha. 4. Case Crime No. 365 of 2020, under Section 380 IPC, P.S. Bacharau, District Amroha. 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 :- 21.12.2021 Ujjawal