Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6281 of 2021 Petitioner :- Jasveer Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madhu Ranjan Pandey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners 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 First Information Report dated 01.07.2021 lodged by the Respondent No. 4 against the petitioners registered in Case Crime No. 0186 of 2021, Under Section 302 I.P.C., Police Station Sungarhi, District Pilibhit (Annexure No. 7 to the writ petition).
II. Issue a writ, order or directions in the nature of mandamus commanding and directing the respondents not to arrest the petitioners in Case Crime No. 0186 of 2021, Under Section 302 I.P.C., Police Station Sungarhi, District Pilibhit."
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 petitioners to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 13.8.2021 Amit Mishra