Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12713 of 2021 Petitioner :- Mohit Kumar @ Bhola And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sanehi Yadav,Priyanka Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 3.12.2021 registered as Case Crime No.260 of 2021 under Section 498-A, 304B, 201 IPC and 3/4 D.P. Act, P.S. Pilua, Distt. Etah and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 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 petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 24.12.2021 SP/