Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5687 of 2021
Petitioner :- Ravindra Kumar Ahirwar And Others
Respondent :- State Of U. P. And Others
Counsel for Petitioner :- Rupendra Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and Mrs. Archana Singh, the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 4.12.2020 registered as Case Crime No. 0242 of 2020, under Sections 498-A, 506 I.P.C. & 3/4 Dowry Prohibition Act, 1961, Police Station-Tahrauli, District-Jhansi (Annexure No. 1 to this writ petition).
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of First Information Report dated 4.12.2020 registered as Case Crime No. 0242 of 2020, under Sections 498-A, 506 I.P.C. & 3/4 Dowry Prohibition Act, 1961, Police Station-Tahrauli, District-Jhansi."
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.
The writ petition is accordingly 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 :- 24.8.2021 A.K.Srivastava
Digitally signed by RAM KRISHNA GAUTAM Date: 2021.08.24 17:07:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.08.24 17:08:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad