Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5777 of 2021 Petitioner :- Sanjeev Makkad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Yadav 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) to issue a writ, order or direction in the nature Certiorari quashing the impugned F.I.R. dated 8.7.2021, in Case Crime No.0223 of 2021, under Section 147 452 323 504 506 I.P.C. 3(1)(da)], 3(1)(dha) Prevention of Atrocities of SC/ST Act, Police Station Rampur Maniharan, District Saharanpur (Annexure No.1 to this writ petition).
(ii) to issue a writ, order or direction in the nature of mandamus directing the respondent No.2 not to arrest the petitioner in pursuance of F.I.R. dated 8.7.2021, in Case Crime No.0223 of 2021, under Section 147 452 323 504 506 I.P.C. 3(1)(da)], 3(1)(dha) Prevention of Atrocities of SC/ST Act, Police Station Rampur Maniharan, District Saharanpur."
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.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 30.7.2021 NLY