Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11901 of 2021 Petitioner :- Prabhakar Dixit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pati Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 22.09.2021 registered as Case Crime No.0255 of 2021 under Sections 419, 420, 406, 504, 506 IPC, Police Station Mutthiganj, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
On perusal of list of fresh cases we found that one Criminal Misc. Writ Petition No. 11289 of 2021 (Kusum Dixit vs. State of U.P. and two others), was dismissed vide order dated 09.12.2021. The aforesaid order dated 09.12.2021 is quoted as under:-
"This writ petition has been filed for quashing the impugned First Information Report dated 22.09.2021 in Case Crime No. 0255 of 2021, under Sections 419, 420, 406, 504 and 506 IPC, Police Station Mutthiganj, District Prayagraj.
Learned A.G.A. for the State-respondent submitted that the chargesheet no. 01/2021 dated 06.11.2021 has already been filed against Rajendra Dixit husband of petitioner herein and the FIR cannot be quashed in part and as such, the cause for filing present writ petition no more survives.
Therefore, the writ petition is dismissed as having become infructuous, leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail and may invoke provision of Section 437 Cr.P.C., if applicable."
This Court has no reason to take a different view in the matter.
This 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 :- 17.12.2021 / Manoj