Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8093 of 2021 Petitioner :- Rajeev Sharma Respondent :- State of U.P. and Others Counsel for Petitioner :- M.P.S. Chauhan 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 quashing the impugned F.I.R. dated 21.03.2020 lodged by the respondent no.3 in Case Crime No.132 of 2020 under Sections 420, 467, 468, 471, 218 I.P.C. Police Station Civil Lines, District Aligarh (Annexure-1 to this writ petition).
ii. issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioner in pursuance of the impugned FIR dated 21.03.2020 lodged by the respondent no.3 in Case Crime No.132 of 2020 under Section 420, 467, 468, 471, 218 I.P.C. Police Station Civil Lines, District Aligarh."
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 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 :- 20.9.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.09.21 10:24:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAM KRISHNA GAUTAM Date: 2021.09.21 10:25:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad