Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12504 of 2021 Petitioner :- Balram And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following main reliefs:
"(i) Issue a writ, order or direction in the nature of writ of certiorari for quashing the impugned F.I.R. dated 17.11.2021 lodged by respondent No. 3 against the petitioners in Case Crime No. 0264 of 2021 for the offence punishable under Sections 302, 504, 506 IPC, Police Station Kampil, District Farrukhabad.
(ii) Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondents not to arrest the petitioners in pursuance of the impugned F.I.R,. dated 17.11.2021 lodged by the respondent No. 3 against the petitioners in Case Crime No. 0264 of 2021 for the offence punishable under Sections 302, 504, 506 IPC, Police Station Kampil, District Farrukhabad."
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 petitioners to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 22.12.2021 Jaswant