Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8263 of 2021 Petitioner :- Sarita Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gulab Chandra Tiwari,Govind Narayan Tiwari Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 17.8.2021 registered as Case Crime No.077 of 2021 under Sections 323, 379, 376, 354 (Kha), 504, 452 & 506 IPC, P.S. Jigna, District Mirzapur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
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 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, 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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 27.10.2021 RKP