Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5697 of 2021 Petitioner :- Guddi Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Vishwakarma,Vishwanath Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"I. Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 6.9.2020 in case crime no. 0543 of 2020 under section 498A, 323, 504, 506, 302, Indian Penal Code and 3/4 Dowry Prohibition Act, Police Station sikariganj, District Gorakhpur (Annexure No. 01).
II. Issue a writ order or direction in the nature of mandamus commanding the respondent no.02 and 3 not to harass and arrest the petitioner."
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 OnLine 2021 SC 192, 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 :- 28.7.2021 samz