Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11876 of 2021 Petitioner :- Smt. Avdhesh And 5 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Avadh Raj Sharma Counsel for Respondent :- G.A.,Ravi Prakash Singh
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioners as well as learned A.G.A for the State respondents and Sri Ravi Prakash Singh, learned counsel for the respondent no. 4.
The relief sought in this petition is for quashing of the F.I.R. report dated 23.9.2021 registered as Case Crime No. 0854 of 2021 under Sections 498A, 304-B, 34 IPC and 3/4 D.P. Act Police Station Loni Border, District Ghaziabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 23.12.2021 Abhishek