Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8318 of 2021 Petitioner :- Manoj and Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Santosh Kukmar Tiwari,Sunil Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 21.8.2021 registered as Case Crime No.356 of 2021 under Sections 147, 148, 149, 323, 504, 506 IPC at Police Station Nauchandi, District Meerut. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under 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 Authority/Official 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.
Order Date :- 30.9.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.09.30 16:57:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAM KRISHNA GAUTAM Date: 2021.09.30 16:58:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad