Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7891 of 2021 Petitioner :- Suman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Pandey,Gaurabh Srivastava,Ram Awadh Maurya Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following main reliefs:
" i. Issue a writ, order or direction in the nature of certiorari to call for record of the case and to quash the impugned First Information Report dated 29.8.2021 in Case Crime No. 0210 of 2021 under Sections 420, 467, 468, 471 IPC at Police Station Nawabganj, District Fatehgarh (Annexure No. 1 to this writ petition).
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive action against the petitioner including the arrest of the petitioner."
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 disposed of leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
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 Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 Jaswant