Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7770 of 2021 Petitioner :- Smt. Navneet Kaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Javed Husain Khan,Nitin Sharma Counsel for Respondent :- G.A.,Desh Ratan Chaudhary,Devendra Singh
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Nitin Sharma, learned counsel for the petitioner, Sri Rishi Chaddha, learned A.G.A. for the State-respondents and Sri D.R. Chaudhary, learned counsel for the informant- respondent no.3.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 10.08.2021 in Case Crime No. 0865 of 2021, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Phase-III , District Gautam Budh Nagar.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 10.08.2021 in Case Crime No. 0865 of 2021, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Phase-III , District Gautam Budh Nagar".
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.
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 :- 23.9.2021 T.S.