Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9041 of 2021 Petitioner :- Dharmendra Kumar & Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Nagendra Pratap Singh,Sanjeev Kumar Singh Counsel for Respondent :- G.A.,Ramji Singh Patel,Suraj Kumar Singh,Swetashwa Agarwal
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Amrendra Nath Singh, learned Senior Advocate assisted by Shri Nagendra Pratap Singh, Advocate and Shri Sanjeev Kumar Singh, Advocate and learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 01.03.2021 in Case Crime no.115/2021 under Section 420, 406, 504, 506, 417, 467, 468, 471 IPC, P.S. Shivpur, District Varanasi. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Mrs. Archana Singh, learned A.G.A. opposed the prayer for quashing the FIR, which discloses congnizable offence. She submits that against co-accused Ajit, Virendra Kumar and Alka, chargesheet has already been submitted. So far as the petitioners are concerned, proceeding under Section 82 Cr.P.C. has been initiated against them as there is absolute non- cooperation by the petitioners in the on-going inquiry.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. In the facts and circumstances of the case, taking into account 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 the judgment dated 07.10.2021 in Leelavati Devi @ Leelawati and Anr. vs. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 A. Pandey Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.27 17:36:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.27 17:36:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad