Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6631 of 2021 Petitioner :- Priyankar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.,Arvind Kumar,Rahul Chaudhary
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, learned A.G.A for the State respondents and Sri Arvind Kumar, learned counsel for the complainant/respondent no.4.
The relief sought in this petition is for quashing of the F.I.R. dated 25.7.2021 registered as Case Crime No.0291 of 2021 under Sections 302, 307, 506, 120-B I.P.C. and Section 3 (2) (v) S.C./S.T. Act, Police Station Gola, District Gorakhpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Sri Arvind Kumar, learned counsel for the complainant/respondent no.4 states that the co-accused had also approached this Court by preferring Criminal Misc. Writ Petition No.6923 of 2021 (Anupam Kumar Mishra and another vs. State of UP and 2 others) and a coordinate Bench of this Court had proceeded to dismiss the writ petition on 19.8.2021 with following observations:-
"The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.291 of 2021 under Sections 302, 307, 506, 120-B IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) Police Station Gola District Gorakhpur with a further prayer to stay their arrest during pendency of investigation of the said case.
As per prosecution story, Anees Kumar (victim) had solemnized love marriage with Dipti Misra on 9.12.2019. The parents and other family members of Dipti Misra were greatly annoyed by it, as Anees Kumar was dhobi (SC). They openly extended threats from time to time to kill both of them as they felt that it had dented their image in society. On 24.7.2021, when Anees had gone to market along with his uncle Devi Dayal, both of them were attacked with sharp weapons by four persons, coming from other side on two motorcycles. They were taken to the hospital. Anees succumbed to injuries. Devi Dayal, who was also seriously injured was receiving treatment. The murderous attack was attributed to the family of Dipti Misra under a premeditated conspiracy to eliminate the victim. According to first informant, it was a case of honour killing.
Counsel for the petitioners submitted that the petitioners have been wrongly implicated. They have no connection with the alleged incident. They are only distant relations.
In our considered opinion, these questions cannot be examined in proceedings under Article 226 of the Constitution being matter of investigation. The petitioners are specifically named as accused and are alleged to be part of conspiracy.
The petition lacks merit and is dismissed."
Learned AGA has also 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.
In the facts and circumstances, we are not inclined to quash the impugned FIR.
Consequently, 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 :- 28.10.2021 RKP