Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8268 of 2021 Petitioner :- Munesh Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed for quashing the FIR dated 9.3.2020 in Case Crime No.0102 of 2020 under Section 498-A, 323, 504, 506, 354, 328 IPC and 3/4 Dowry Prohibition Act, P.s. Nakur, Distt. Saharanpur.
Learned counsel for the petitioner fairly submits that co- accused Boby @ Manoj Kumar has been granted anticipatory bail by this Court vide order dated 23.3.2021 in Criminal Misc. Anticipatory Bail Application U/s 438 CrPC No.6634 of 2021 (Boby @ Manoj Kumar v. State of U.P.) but the petitioner has been denied the said benefit.
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.
In view of above, the writ petition is dismissed.
Order Date :- 28.9.2021 SP/