Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7657 of 2021 Petitioner :- Vichendra and 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 14.8.2021 registered as Case Crime No.253 of 2021 under Sections 376, 504, 506 IPC, P.S. Mainather, District Moradabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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.
Confronted with this situation, learned counsel for the petitioner fairly states that after filing the present writ petition, the first petitioner has been arrested pursuant to the impugned FIR and as such, leave may be accorded so that appropriate relief may be pressed before the competent court.
Learned A.G.A. has no objection to the aforesaid request of the petitioner.
In view of the aforesaid, the writ petition is disposed of, leaving it open to the first petitioner to apply before the competent court for bail as permissible under law. So far as the second and third petitioners are concerned, they may apply before the competent court for anticipatory bail/bail in accordance with law.
It is made clear that we have not expressed any opinion on merits of the case.
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 Authority/Official shall verify the authenticity of such computerised 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 RKP