Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12494 of 2021 Petitioner :- Kamta Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 28.10.2021 registered as Case Crime No.165 of 2021 under Section 363 I.P.C. Police Station Kishanpur, District Fatehpur. Further prayer has been made to direct the respondent nos. 2 and 3 not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioners submitted that petitioner and daughter of the respondent no. 4 both have entered into marriage on 25.11.2021. In respect of age of the girl, reliance is being placed on the Aadhar Card and School Leaving Certificate of class VIII.
Learned AGA, on instructions, stated that the School Leaving Certificate was found forged and on perusal of the Aadhar Card, it appears that same was issued on 27.10.2021 whereas the impugned F.I.R. has been lodged on 28.10.2021 regarding incident dated 26.10.2021. Thus, the Aadhar Card appears to have been obtained subsequent to the incident.
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 in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, 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 Ram Murti