Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6149 of 2021 Petitioner :- Santosh Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Singh 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 quashing the First Information Report dated 13.06.2021 lodged in Case Crime No.214 of 2021, Under Section 8/20 N.D.P.S. Act, Police Station - Khaga, District Fatehpur.
(II) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of First Information Report dated 13.06.2021 lodged in Case Crime No.214 of 2021, Under Section 8/20 N.D.P.S. Act, Police Station - Khaga, District Fatehpur and also direct the respondents not to take any coercive action against the Petitioner in pursuance of same."
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 bail as permissible under law and in accordance with law.
Order Date :- 12.8.2021 NLY