Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12604 of 2021
Petitioner :- Suresh And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Surendra Kumar Tripathi
Counsel for Respondent :- G.A.,Arun K. Singh Deshwal
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard Sri Surendra Kumar Tripathi, learned counsel for the petitioners,Sri Arun K. Singh Deshwal for the informant and the learned A.G.A. for the State.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 11.07.2021 in Case Crime No. 0238 of 2021, under Sections 147, 148, 149, 452, 323, 504, 506, 324, 307 I.P.C., Police Station Binauli, District Baghpat.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 11.07.2021 in Case Crime No. 0238 of 2021, under Sections 147, 148, 149, 452, 323, 504, 506, 324, 307 I.P.C., Police Station Binauli, District Baghpat".
It is submitted by learned counsel for the petitioners that no offence is made out against the petitioners and all the allegations are malafidely motivated.
Per contra learned counsel for the informant and the learned AGA state that cognizable offences are disclosed and other accused persons have been arrested and a charge-sheet has been submitted against them. The learned AGA further states that FIR cannot be quashed in part since charge-sheet has been submitted against the other accused persons.
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