Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7623 of 2021 Petitioner :- Sajid @ Sadik Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned AGA. This writ petition has been filed praying for the following reliefs:
"(i) A writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 10.6.2020 registered as Case Crime No. 154 of 2020, under Sections 147, 148, 149, 307, 452, 323, 504, 506, 436, 427, 429, 34, 188, 269 IPC, 7 Criminal Law Amendment Act, 3(2)(5) SC/ST Act, 3 Public Property Damage Act and 3 Pandemic Act, Police Station- Sarai Khwaja, District- Jaunpur.
(ii) A writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of impugned First Information Report."
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 petitioner to apply before the competent court for bail in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 A.K.Srivastava