Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12708 of 2021 Petitioner :- Brijesh Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijai Kumar Mishra,Vijai Kumar Mishra Counsel for Respondent :- G.A.,Shyam Murari Upadhyay
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, Shri S.M. Upadhyay, learned counsel for the complainant and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 09.11.2021 registered as Case Crime No. 0246 of 2021 under Sections 147, 148, 149, 307, 120-B IPC, Police Station Phaphamau, District Prayagraj. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 :- 24.12.2021 pks