Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12773 of 2021 Petitioner :- Nityanand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh,Chandra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for quashing the impugned F.I.R. dated 7.11.2021 registered as Case Crime No. 724 of 2021 under Sections 452, 354, 376, 323, 504 IPC and Section 3 (1) (Da), 3 (1) (dha), 3 (2) (va) SC/ST Act, Police Station Khalilabad, District Sant Kabir Nagar and further not to arrest the petitioner in the aforesaid case crime.
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 :- 24.12.2021 Jaswant