Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7816 of 2021 Petitioner :- Mohd. Shahvez And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Pawan Kumar, learned counsel for the petitioner, Sri Patanjali Mishra, the learned A.G.A and Sri Irshad Saleem, learned counsel for informant respondent.
This writ petition has been filed praying for the following reliefs:
"i) to issue writ order or direction in the nature of certiorari quashing the impugned first information report dated 27.8.2021 registered at Police Station Nagina, district Bijnor in connection with Case Crime No. 315 of 2021, under Sections 120B, 406, 465 I.P.C.
ii) to issue writ order or direction in the nature of mandamus commanding and directing the respondents 2 and 3 not to arrest the petitioners in pursuance of the impugned first information report dated 27.8.2021 registered at Police Station Nagina, district Bijnor in connection with Case Crime No. 315 of 2021, under Sections 120B, 406, 465 I.P.C."
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 OnLine 2021 SC 192, 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 :- 20.9.2021 samz