Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7883 of 2021 Petitioner :- Priyanka And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shad Khan Counsel for Respondent :- G.A.,Hanuman Prasad Mishra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State-respondents and Shri Vasudev, Advocate holding brief of Shri Hanuman Prasad Mishra, learned counsel for the respondent No. 4.
This writ petition has been filed praying for the following main reliefs:
" a) Issue a writ, order or direction in the nature of certiorari to quash the F.I.R. dated 25.6.2021, Case Crime No. 0538 of 2021 under Sections 328 & 354 IPC, P.S. Farukhabad Kotwali, District Fatehgarh. (Annexure No. 1 to the writ petition).
b) Issue a writ, order or direction in the nature of mandamus commanding the respondent authority not to arrest the petitioners in matter relating to Case Crime No. 0538 of 2021 under Section 328 & 354 IPC, P.S. Farukhabad Kotwali, District Fatehgarh."
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 disposed of 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 Jaswant