Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5789 of 2021 Petitioner :- Mahboob Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kant Yadav Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(a) Issue a writ, order or direction in nature of certiorari quashing impugned first information report dated 23.03.2021 in Case Crime No.104 of 2021 under sections 420, 406, 504, 506 I.P.C. police station Civil Line District Rampur lodged by the respondent No.4.
(a) Issue a writ, order or direction in nature of mandamus commanding the respondents not to arrest the petitioner in Case Crime No.104 of 2021 under sections 420, 406, 504, 506 I.P.C. police station Civil Line District Rampur"
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.
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 :- 30.7.2021/vkg