Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7928 of 2021 Petitioner :- Himanshu Rai And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Santosh Kumar Rai Counsel for Respondent :- G.A.,Amit Kumar Singh,Desh Ratan Chaudhary
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners, Sri Desh Ratan Chaudhary, learned counsel for the complainant and Mrs. Archana Singh, learned A.G.A.-I, for the State-respondents.
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 16.8.2021 (Annexure No. 1 to this writ petition) as Case Crime No. 169 of 2021, under Sections 147, 323, 504, 506 I.P.C. & 3(1)(da), 3(1) (dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendement 2015), Police Station - Karimuddinpur, District Ghazipur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the first information report dated 16.8.2021 (Annexure No. 1 to this writ petition) as Case Crime No. 169 of 2021, under Sections 147, 323, 504, 506 I.P.C. & 3(1)(da), 3(1) (dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendement 2015), Police Station - Karimuddinpur, District Ghazipur."
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, 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 Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Kamarjahan