Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7049 of 2021 Petitioner :- Pushpa Arya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Panchu Ram Maurya,Shashank Maurya Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"(I) Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 01.07.2016, bearing FIR no0182 of 2016 under Section 419, 420, 467, 468, 471 IPC, P.S. Rajghat, District Gorakhpur.
(II) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents not to arrest, harass or take any coercive steps against the petitioner in pursuance of the impugned First Information Report dated 01.07.2016 bearing FIR no.419, 420, 467, 468, 471 IPC, P.S. Rajghat, District Gorakhpur."
The Stamp Reporter has reported that the present writ petition has been filed with delay of 1770 days. There is no proper explanation of the said delay.
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.
Confronted with this situation, learned counsel for the petitioner submits that present writ petition be dismissed as not pressed.
Prayer made is allowed.
The writ petition is accordingly dismissed as not pressed.
Order Date :- 24.8.2021 A. Pandey