Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6063 of 2021 Petitioner :- Brajendra Kushwaha Respondent :- State of U.P. and Others Counsel for Petitioner :- Anita Singh,Ankita Singh
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) issue a writ, order or direction in the nature of certiorari quashing the first information report dated 7.12.2020 in Case Crime No. 591 of 2020, under Sections, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali, District Jhansi.
(ii) issue a writ, order or direction in the nature of mandamus by directing the respondents not to arrest the petitioner in Case Crime No. 591/2020, under Section 2/3, U.P. Gngster and Antisocial Activities (Prevention) Act, 1986, Police Station-Kotwali, District Jhansi.
(iii) Issue any other writ, order or direction in the nature of which this Hon'ble court deems fit and proper in the interest of justice.
(iv) Cost of damage be awarded."
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 petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 30.7.2021 Rahul.
Digitally signed by Justice Surya Prakash Kesarwani Date: 2021.08.02 14:36:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Piyush Agrawal Date: 2021.08.02 14:37:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad