Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12618 of 2021 Petitioner :- Suraj Bhan Respondent :- State Of U.P Through Secretary Home And 2 Others Counsel for Petitioner :- B.N.Singh,Manish Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 1.2.2021, registered as Case Crime No.34/2021, under Sections 420/467/468/471 IPC. Further prayer has been made not to arrest the petitioner in the aforesaid case.
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 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.
Order Date :- 23.12.2021 C.Prakash Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.24 14:01:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by CHANDRA KUMAR RAI Date: 2021.12.24 14:02:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad