Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12443 of 2021 Petitioner :- Jai Prakash Mishra Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Paritosh Kumar Malviya Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
Present writ petition has been preferred for quashing the FIR dated 02.08.2021 registered as Case Crime No.231 of 2021, under Sections 419, 420, 406, 504, 506 IPC, P.S. Gauri Bazar, District- Deoria and for a direction to the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submitted that petitioner has not committed any offence as alleged in the first information report and has been falsely implicated in the present case. He further submits that there is dispute of business transaction and a case under Section 138 of N.I. Act is also pending against the informant.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He further submits that from perusal of first information report, the role of petitioner Jai Prakash Mishra is different from co-accused Om Prakash Mishra and Subham Mishra.
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 :- 22.12.2021 A.Kr.