Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 9846 of 2021 Petitioner :- Deepu @ Deepak Bhatia And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajrshi Gupta,Ajay Singh,Shambhawi Shukla Counsel for Respondent :- G.A.,Subhash Chandra Tiwari
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Ms. Shambhawai Shukla, learned counsel for the petitioners as well as learned A.G.A for the State respondents and Sri Subhash Chandra Tiwari, learned counsel for the respondent no. 3.
The relief sought in this petition is for quashing of the F.I.R. report dated 27.9.2021 registered as Case Crime No. 0758 of 2021 under Sections 147, 504, 506, 386 IPC Police Station Civil Lines, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Submission is that no offence under Section 386 IPC has been made out against the petitioners and the first information report does not constitute any offence.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
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 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, 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 :- 21.12.2021 Abhishek