Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12177 of 2021 Petitioner :- Durgesh Pratap Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjani Kumar Raghuvanshi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Anjani Kumar Raghuvanshi, learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 6.11.2019 registered as Case Crime No. 1278 of 2019 under Sections 147, 323, 341, 504, 506, 392 I.P.C., Police Station Lanka, District Varanasi. Further prayer has been made not to arrest the petitioners in the aforesaid case.
It is submitted by the learned counsel for the petitioners that initially, the petitioners were granted anticipatory bail by this court for a period of 48 days or till submission of the police report. Thereafter, on recall application, the said order dated 16.9.2021 has been cancelled by this Court on the ground that the petitioner has not surrendered before the Court. It is further submitted that till date, charge sheet has not been submitted.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
We find that the F.I.R. was lodged against the unknown persons. During investigation, name of the petitioners have come. We do not find any good ground to entertain the petition. Further 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 bail as permissible under law and in accordance with law.
Order Date :- 16.12.2021 Ram Murti