Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10157 of 2021 Petitioner :- Sachin Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri A. Pratap Singh, learned counsel holding brief of Sri Mukesh Kumar, learned counsel for the petitioner as well as learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. report dated 16.11.2020 registered as Case Crime No. 408 of 2020 under Sections 366, 342, 376, 323 IPC, Police Station Kotwali Fatehgarh, District Farrukhabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
From perusal of the record, we find that anticipatory bail application being Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 13229 of 2021 filed by the petitioner has already been rejected by this Court vide order dated 6.9.2021. Therefore, we are of the opinion that this Court has already applied its mind about the stand taken by the petitioner.
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 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Accordingly, present writ petition is dismissed.
Order Date :- 16.12.2021 Abhishek