Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through video conferencing.
This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 02.04.2021 registered as Case Crime No. 49 of 2021, under Sections 420, 467, 468, 471, 272 and 273 I.P.C., Sections 60(2)/63 of The Uttar Pradesh Excise Act, Section 63A of Copyright Act and Sections 103 & 104 of Trade Mark Act, Police Station Hathigawan, District Pratapgarh and a further direction in the nature of mandamus for commanding the opposite party No.3 not to arrest the petitioner in the aforesaid case crime.
From a plain reading of the F.I.R., it appears that a cognizable offence, prima facie, is made out against the petitioner. It is well settled that once the F.I.R. discloses commission of cognizable offence, interference under Article 226 of the Constitution of India is impermissible in view of the law laid down by the Hon'ble Supreme Court in the cases of State of Harayana and others versus Bhajan Lal and other, AIR 1992 SC 604; State of Bihar and another versus Md. Khalique and another, 2002(1) SCC 652 and Girish Kumar Suneja versus Central Bureau of Investigation(2017) 14 SCC 809.
The writ petition is accordingly dismissed without prejudice to the remedy of anticipatory bail under Section 438 Cr.p.c. available to the petitioner.
Order Date :- 15.4.2021 S. Shivhare