Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12776 of 2021 Petitioner :- Rakesh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Srivastava Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Vakalatnama filed by Sri Dheeraj Kumar Singh, learned counsel for the respondent no.3, is taken on record.
Heard Sri Neeraj Srivastava learned counsel for the petitioners, Sri Dheeraj Kumar Singh, learned counsel for the respondent no.3 and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 14.12.2021 registered as Case Crime No.0972 of 2021 under Sections 498A, 304B, 323 IPC, Police Station Surajpur, District Gautam Budh Nagar. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 24.12.2021 Ashish Pd.