Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12351 of 2021 Petitioner :- Geeta Devi And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Mohammad Asif Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Present writ petition has been preferred for quashing the FIR dated 08.09.2021 being Case Crime No.236 of 2021, under Sections 436, 342, 504 IPC, P.S. Indergarh, District- Kannauj and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
On the instructions, learned AGA submits that chargesheet No.265 of 2021 dated 20.11.2021 has been submitted against the co-accused Anil and Jitu. He further submits that chargesheet could not be filed against the petitioner as he is absconding and as such FIR cannot be quashed in part.
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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. 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 petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 21.12.2021 A.Kr.