Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11824 of 2021 Petitioner :- Pinki Gautam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deep Chand Singh,Rakesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioners as well as learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. report dated 6.11.2021 registered as Case Crime No. 667 of 2021 under Sections 419, 420, 467, 468, 471, 504, 506 IPC Police Station Roza, District Shahjahanpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Submission of learned counsel for the petitioners is that no offence has been made out against the petitioners and the allegations levelled against the petitioners are absolutely false.
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 :- 23.12.2021 Abhishek