Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16896 of 2019 Petitioner :- Ranjeet Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 6.6.2019 registered as Case Crime No.151 of 2019, under Sections 272,273,419,420,467,468,471 IPC and Sections 60,63,72 of U.P. Excise Act, P.S. Sidhari, District Azamgarh.
It is submitted by the learned counsel for the petitioner that the petitioner is being harassed at the instance of the sympathizer of the police personnel whose palm has not been greased by the petitioner. The life and liberty of the petitioner cannot be slashed merely on suspicion. Prima facie no cognizable offence is made out against the petitioner pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 25.6.2019 M. Tariq