Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10853 of 2021 Petitioner :- Sangam Lal And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Srivastava,Deep Mala Srivastava Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Rakesh Kumar, learned counsel holding brief of Sri Manoj Srivastava, 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 the Challani report dated 22.3.2021 as well as the recommendation dated 30.3.2021.
Perusal of the order dated 25.8.2020 passed in Criminal Misc. Writ Petition No. 7817 of 2020 (Sangam Lal and 9 others), without interfering with the first information report petitioners were granted indulgence to the effect that they shall not be arrested till the credible evidence is not available against them during the investigation or till the submission of police report under Section 173 (2) Cr.P.C. Thereafter, a Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 6600 of 2021 filed by the petitioners was got rejected as not pressed on 27.7.2021. Thereafter, an Application u/s 482 No. 15314 of 2021 filed by the petitioners was disposed of vide order dated 1.9.2021 granting liberty for a period of 30 days for the purpose of filing the bail application.
In such view of the matter, we do not find any good ground to grant any indulgence as has been prayed for against the Challani Report dated 22.3.2021, which is being challenged only on the ground that the same has been submitted by the police without application of mind.
Present petition is accordingly dismissed.
Order Date :- 16.12.2021 Abhishek