Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8855 of 2021 Petitioner :- Sanjeev And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Vashistha Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following main relief:
"1) Issue a writ, order or direction in the nature of certiorari quashing the first information report dated 16.5.2021 registered as Case Crime No. 129 of 2021 under Sections 147, 148, 149, 307, 323, 332, 352, 353, 504, 506 IPC, Police Station Dando, District Aligarh.
2) Issue a writ order or direction in the nature of mandamus directing the respondents' authority not to arrest the petitioners in Case Crime No. 129 of 2021 under Sections 147, 148, 149, 307, 323, 332, 352, 353, 504, 506 IPC, Police Station Dando, District Aligarh."
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 disposed of leaving it open for the petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 29.10.2021 Jaswant