Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6280 of 2021 Petitioner :- Hamashad Khan Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Anand Kumar Mishra 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. To,issue a writ, order or direction in the nature of certiorari to quashing the impugned FIR dated 14.04.2021 having case crime no. 63/2021 U/s 2/3 Gangster Act, P/s Kadaura, District - Jalaun.
II. To,issue a writ, order or direction in the nature of mandamus directing to the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 14.04.2021 having case crime no. 63/2021 U/s 2/3 Gangster Act, P/s Kadaura, District - Jalaun."
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 :- 19.8.2021 Amit Mishra