Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7818 of 2021 Petitioner :- Atiq And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"i) to issue writ order or direction in the nature of certiorari quashing the impugned first information report dated 7.8.2021 at about 19:12 hrs. (9.12 p.m.) (Vide annexure No.1 to the writ petition) which was registered as Case Crime No. 615 of 2021 under sections 420, 406, 506 I.P.C. Police Station Majhola District Moradabad.
ii) to issue writ order or direction in the nature of mandamus commanding and directing the respondents 2 and 3 not to arrest the petitioners in pursuance of the impugned first information report dated 7.8.2021 at about 19:12 hrs. (9.12 p.m.) (Vide annexure No.1 to the writ petition) which was registered as Case Crime No. 615 of 2021 under sections 420, 406, 506 I.P.C. Police Station Majhola District Moradabad."
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 :- 20.9.2021 samz