Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11929 of 2021 Petitioner :- Ranjeet And 3 Others Respondent :- State Of U.P. Through Secretary Home And 3 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 05.05.2021 registered as Case Crime No.187 of 2021 under Sections 147, 148, 149, 452, 307, 323, 324, 325,504, 506 IPC, P.S. Nauchandi, District- Meerut and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case due to enmity. He fairly admitted that the chargesheet against three accused persons has already been submitted. Learned counsel for the petitioners fairly stated that Criminal Misc. Anticipatory Bail Application No.17138 of 2021 (Ranjeet vs. State of U.P.) has already been rejected by this Court on 07.10.2021 and one of the co-accused Gaurav has been granted regular bail.
Learned AGA 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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021, 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 :- 20.12.2021 A.Kr.
Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.21 11:05:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SHREE PRAKASH SINGH Date: 2021.12.21 11:06:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad