Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7767 of 2021 Petitioner :- Nirmala Awasthi Respondent :- State Of U.P And Others Counsel for Petitioner :- Rahul Mishra,Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"A. Issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 09.07.2021 registered as Case Crime No.0574 of 2021 under Sections 504, 506 I.P.C. Police Station Farrukhabad Kotwali, District Farrukhbad (Annexure No.1 to the writ petition).
B. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents not to arrest/harass the petitioner in relation to Case Crime No.0574 of 2021 under Sections 504, 506 I.P.C. Police Station Farrukhabad Kotwali, District Farrukhbad (Annexure No.1 to the writ petition)."
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 :- 20.9.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.09.21 10:23:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAM KRISHNA GAUTAM Date: 2021.09.21 10:25:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad