Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12771 of 2021
Petitioner :- Kamal Asif And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uttar Kumar Goswami Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,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 impugned First Information Report dated 18.11.2021 registered as Case Crime No. 0356 of 2021, under Sections 376, 379, 504, 506 IPC, Police Station- Rura, District- Kanpur Dehat (Annexure No. 1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report."
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
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 and Leelavati Devi @ Leelawati & Anr. Vs. The State of Uttar Pradesh, in Special Leave To Appeal (Crl.) No. 3262 of 2021 decided on 7.10.2021, no case has been made out for interference with the impugned first information report.
The writ petition is accordingly dismissed leaving it open for the petitioners to apply before the competent court for bail/anticipatory bail as permissible in law and in accordance with law.
Order Date :- 24.12.2021 A.K.Srivastava