Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12178 of 2021 Petitioner :- Mahesh Shivhare Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kumar Beenu Singh,Prashant Singh 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.
This petition has been filed with the prayer to quash the impugned F.I.R. dated 21.8.2021 in Case Crime No. 380 of 2021 under Sections 379, 411 I.P.C. & 3/7 Essential Commodity Act, 1955 P.S. Bhognipur, District Kanpur Dehat.
Perusal of the list shows that this Court on 23.10.2021 passed the following order in Criminal Misc. Writ Petition No.9653 of 2021 of co-accused Mohd. Sarwar arising out of the very same F.I.R.:-
"Heard learned counsel for the petitioner 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 21.8.2021 registered as Case Crime No. 0380 of 2021, under Sections 379, 411 IPC and 3/7 Essential Commodities Act, 1955, Police Station- Bhoganipur, 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 petitioner to apply before the competent court for bail/anticipatory bail as permissible in law and in accordance with 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 shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
In the present case, we do not find any ground to take a different view in the matter.
The present petition is also dismissed in the same terms.
Order Date :- 16.12.2021 Ram Murti