Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6316 of 2021 Petitioner :- Aziz And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mohd. Shabbir,Mohd. Tasleem Counsel for Respondent :- G.A
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents no. 1 and 2.
This writ petition has been filed praying for the following reliefs:-
"(i). issue a writ, order or direction in the nature of certiorari quashing First Information Report dated 17.05.2021 registered case crime no. 0045 of 2021 under sections 376-D, 372, 504, 506 I.P.C. and 3/4 POCSO Act registered at Police Station Jogiya Udaipur, District Siddharth Nagar.
(ii). issue a writ, order or direction in the nature of MANDAMUS commanding the respondents not to arrest or take any coercive action against the Petitioners in any manner in pursuance of the impugned First Information Report dated 17.05.2021 registered as case crime no. 0045 of 2021 under sections 376-D, 372, 504, 506 I.P.C. and 3/4 POCSO Act registered at Police Station Jogiya Udaipur, District Siddharth Nagar."
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 petitioners 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