Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10967 of 2021 Petitioner :- Munna Lal @ Pyare Lal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- G.A,Brat Sheel
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit placing on record the certified copies filed today is taken on record.
Heard Sri Sanjay Kumar, learned counsel for the petitioner as well as learned A.G.A for the State respondents and Sri Brat Sheel, learned counsel for the respondent no. 3.
The relief sought in this petition is for quashing of the F.I.R. report dated 21.10.2021 registered as Case Crime No. 750 of 2021 under Sections 147, 452, 323, 504, 506, 376, 392, 427 IPC, Police Station Nawabganj, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
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 in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, 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 petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
However, the accused concerned are at liberty to invoke the provisions of Section 437 Cr.P.C.
Order Date :- 17.12.2021 Abhishek