Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7628 of 2021 Petitioner :- Shobhit Tripathi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A.,Shama Begum
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and Shama Begum, learned counsel for the informant-respondent N.3.
This writ petition has been filed praying for the following reliefs:
"(i) Issue writ, order or direction in the nature of certiorari quashing the impugned FIR 18.08.2021 in Case Crime No.0279 of 2021 under Section 498A,323,504,313, I.P.C and 3/4 D.P. Act P.S. Puramufti District Prayagraj Prayagraj (contained as annexure no. 1 to this writ petition).
(ii) Issue writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the Petitioners in pursuance of the impugned FIR dated 18.08.2021 in Case Crime No.0279 of 2021 under Section 498A,323,504,313, LP.C and 3/4 D.P. Act P.S. Puramufti District Prayagraj Any other suitable writ, order of direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."
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, 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 petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 23.9.2021 NLY