Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12497 of 2021 Petitioner :- Umar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nuruddin Khan Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Nuruddin Khan 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 10.6.2020 registered as Case Crime No. 154 of 2020 under Sections 147, 148, 149, 427, 307, 452, 323, 504, 506, 436, 429/34, 188, 269 I.P.C. 7 Criminal Law Amendment Act, 3 Prevention of Damage to Public Property Act, 3 Epidemic Act, 51 Disaster Management Act, 3 (2), 5 SC/ST Act, at Police Station Sarai Khwaza, District Jaunpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
It is submitted by the learned counsel for the petitioner that the petitioner is not named in the F.I.R. It is fairly submitted that the Criminal Misc. Writ Petition No.6663 of 2020, 8118 of 2020 filed by co-accused persons have been dismissed as infructuous on 6.7.2020 and 28.8.2020 respectively. Further Criminal Misc. Writ Petition Nos. 7623 of 2021 and 8809 of 2021 filed by co-accused persons have been dismissed by this Court on 24.9.2021 and 18.10.2021 respectively 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.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
On perusal of record we find that 57 persons were named and several other persons were shown to be not known. Further 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 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.
Order Date :- 22.12.2021 Ram Murti