Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4945 of 2021 Petitioner :- Shameem Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Shanker Malviya Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and Shri S.A. Murtaza, learned A.G.A.
Present writ petition has been filed seeking following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.2-Senior Superintendent of Police, District Moradabad to decide the application dated 18.03.2021 and also to take action against the respondent No.4-Meghpal Yadav, Sub- Insepctor, Police Station Bhojpur, District Moradabad.
(b) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case.
(c) Award cost of the writ petition in favour of the petitioner."
Shri S.A. Murtaza, learned A.G.A, on the basis of instructions, states that there is civil dispute between the parties and the bond has been executed by them for maintaining peace on the spot. The proceeding under Section 107/116 Cr.P.C. has been initiated.
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 ors 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 under law.
Confronted with this situation, learned counsel for the petitioner states that the petitioner wants to withdraw the writ petition with liberty to apply for anticipatory bail/bail.
Learned A.G.A. has no objection to the aforesaid request of the petitioner.
In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under the law.
It is made clear that we have not expressed any opinion on merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.8.2021 RKP