Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12489 of 2021 Petitioner :- Shiv Singh @ Monu Thakur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A.for the State.
Present writ petition has been preferred for quashing the FIR dated 05.12.2021 registered as Case Crime No.896 of 2021 under Sections 341, 323, 504, 506, 395, 34 IPC and 3(2)(v) SC/ST Act, P.S. Akbarpur, District- Kanpur Dehat and for a direction to the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.
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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 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 :- 22.12.2021 A.Kr.