Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11429 of 2021 Petitioner :- Nand Kishor Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Farooque Ansari Counsel for Respondent :- G.A,Vineet Vikram
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; learned A.G.A for the State respondents and Shri Vineet Vikram, learned counsel for the respondent no.4.
The relief sought in this petition is for quashing of the F.I.R. dated 09.11.2021 registered as Case Crime No.0437 of 2021 under Sections 147, 148, 149, 323, 307, 384, 504 & 506 IPC, Police Station Sasni Gate, District Aligarh. Further prayer has been made not to arrest the petitioners 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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 22.12.2021 RKP