Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10891 of 2021 Petitioner :- Awadhesh Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra,Ravi Sahu Counsel for Respondent :- G.A.,Akhilesh Srivastava,Akshat Sinha
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Ravi Sahu, learned counsel for the petitioner as well as learned A.G.A for the State respondents and Sri Akhilesh Srivastava, learned counsel for the respondent no. 4.
The relief sought in this petition is for quashing of the F.I.R. report dated 29.3.2016 registered as Case Crime No. 437 of 2016 under Sections 420, 467, 468, 471, 120B IPC, Police Station Sihanigate, District Ghaziabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Perusal of the record, we find that large number of bail and anticipatory bail applications have been filed on behalf of the various accused persons, which have been disposed of.
Sri Akhilesh Srivastava, learned counsel for the respondent no. 4 has produced copies of several anticipatory bail applications, which were rejected or got dismissed as not pressed so as to enable the accused persons to avail the other remedy.
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.
Order Date :- 16.12.2021 Abhishek