Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11822 of 2021 Petitioner :- Surya Prakash Kapoor And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 21.11.2021 registered as Case Crime No.1255 of 2021, under Sections 420, 467, 468, 471 IPC, P.S. Sihani Gate, District- Ghaziabad and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He further pointed out that petitioner nos. 3 and 4 have criminal history of 31 and 10 cases respectively.
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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021, 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 :- 20.12.2021 A.Kr.
Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.21 11:05:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SHREE PRAKASH SINGH Date: 2021.12.21 11:06:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad