Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5403 of 2021 Petitioner :- Jhulan @ Babundar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rashid Ali Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
By means of present writ petition, the petitioner is prayer for direction in the nature of certiorari to quash the first information report dated 06.06.2021 registered as Case Crime no.0118 of 2021 under Section 3(1) Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, P.s. Pannuganj, District Sonbhadra against the petitioner. Further not to arrest the petitioner in connection with aforesaid first information report. In support of his submission, learned counsel for the petitioner has placed reliance on the order dated 16.08.2021 passed in Siddharth vs. The State of U.P. and another in Criminal Appeal no.838/2021 (arising out of SLP Crl. no.5442 of 2021).
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.
Confronted with this situation, learned counsel for the petitioner submits that petitioner does not want to press the present writ petition with the liberty to invoke the remedy as available in law.
Consequently, the writ petition is dismissed with the liberty as permissible under law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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 :- 24.8.2021 A. Pandey