Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3908 of 2021 Petitioner :- Satyabhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Dhar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The instant petition has been filed by the petitioner, praying for quashing of the First Information Report dated 26.03.2021, registered as Case Crime no.162 of 2021, under sections 323, 325, 452, 504, 506 IPC. Police Station Sicandra, District Agra with a further prayer to stay the arrest during pendency of investigation of the said case.
As per the allegation in the FIR the accused persons entered the house of the first informant and committed criminal assault on his son. The FIR was got registered after intervention of the Magistrate exercising power under section 156 (3) Cr.P.C.
The submission is that the petitioner has lodged a previous FIR before the impugned FIR was got lodged. The entire allegations in the impugned FIR are false. The FIR has been lodged belatedly.
None of the submissions made by learned counsel for the petitioner constitute a valid ground to quash the FIR. These are matter of investigation. The FIR clearly discloses commission of cognizable offence. We, therefore, decline to quash the FIR.
Writ petition is dismissed with liberty to the petitioner to seek anticipatory bail/ bail, as is maintainable or advised. If any such recourse is taken, the bail application shall be disposed of expeditiously, without being influenced by any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 28.5.2021 RPD Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 15:09:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 15:11:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad