Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8507 of 2021 Petitioner :- Bal Bihari Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amresh Kumar Tiwari Counsel for Respondent :- G.A.,Akhilanand Mishra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Vakalatnama filed today by Shri Ramesh Chandra Yadav, Advocate on behalf of the respondent is taken on record.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following main relief:
"1) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 24.8.2021, Case Crime No. 169 of 2021 under Sections 406, 419, 420, 467, 468, 471, 120-B IPC, Police Station Barhaj, District Deoria.
2) Issue a writ, order or direction in the nature of mandamus directing to the State authority not to arrest the petitioner in connection of first information report dated 24.8.2021, Case Crime No. 169 of 2021 under Sections 406, 419, 420, 467, 468, 471, 120-B IPC, Police Station Barhaj, District Deoria."
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, 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 :- 28.10.2021 Jaswant