Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6304 of 2021 Petitioner :- Shabban Ali And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh Chauhan,Shashi Shekhar Singh Chauhan Counsel for Respondent :- G.A,Amit Kumar Shukla
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Shri Virendra Singh Parmar, holding brief of Shri Rajesh Kumar Singh Chauhan, learned counsel for the petitioner, Shri Rupak Chaube, the learned A.G.A. for the State - respondents and Shri Amit Kumar Shukla, learned counsel for the informant - respondent.
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 impugned First Information Report dated 10.07.2021 (Annexure No. 1 to writ petition) registered as case crime No. 429 of 2021, under sections 147, 148, 308/34, 269, 270 I.P.C. & section 3 Mahamari Adhiniyam, 1897, Police Station Kanth, District Shahjahanpur, against the petitioners.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent authority not to arrest, in pursuance of impugned First Information Report dated 10.07.2021 (Annexure No. 1 to writ petition) registered as case crime No. 429 of 2021, under sections 147, 148, 308/34, 269, 270 I.P.C. & section 3 Mahamari Adhiniyam, 1897, Police Station Kanth, District Shahjahanpur."
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 OnLine 2021 SC 192, 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 :- 19.8.2021 Amit Mishra