Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6095 of 2021 Petitioner :- Sajid @ Sajid Ali Sabir Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Kesh,Mohammad Firoz Khan Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"i. Issue a writ order or direction in the nature of certiorari to quash the impugned first information report dated 05.07.2021 in case crime no. 0412 of 2021 under Section 147, 149, 323, 504, 307, 302, 34 IPC Police Station Bhojpur District Ghaziabad, (Annexure No. 1 to this writ petition).
ii. Issue a writ order or direction in the nature of mandamus directing the respondent no.2 to not arrest the petitioner in pursuance of the impugned first information report dated 05.07.2021 in Case Crime No. 0412 of 2021 under Section 147, 149, 323, 504, 307, 302, 34 IPC Police Station Bhojpur District Ghaziabad."
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 OnLine 2021 SC 192, 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 petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 12.8.2021 Rahul Dwivedi/-