Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12235 of 2021 Petitioner :- Shankar Prajapati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramji Singh Patel Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner, learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 18.12.2019 registered as Case Crime No. 230 of 2021 under Sections 419, 420, 467, 468, 471 IPC at Police Station Phoolpur, District Varanasi. 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.
On perusal of list of fresh cases, we find that an Anticipatory Bail Application No.16970 of 2021 was filed by the petitioner. Admittedly, the same has been rejected by this Court vide order dated 18.11.2021.
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 petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 17.12.2021 Manoj Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.20 11:02:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAJENDRA KUMAR Date: 2021.12.20 11:02:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad