Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2732 of 2021 Petitioner :- Vinod Kumar Chaswal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 04.03.2019 registered as Case Crime No. 0285 of 2019, under Sections 420, 504 IPC, P.S. Phase-3, District Gautam Budh Nagar.
Learned counsel for the petitioner has invited attention of the Court to orders passed by a Co-ordinate Bench of this Court dated 30.03.2019 and 23.05.2019 in Crl. Misc. Writ Petition Nos. 7845 of 2019 and 14126 of 2019 respectively.
A perusal of the orders would reveal that after perusing the allegations in the impugned first information report the court took the view that it cannot be said that no cognizable offence is made out. Hence, the prayer to quash the impugned FIR was rejected.
The submission of the learned counsel for the petitioner is that since in the matter of co-accused, the court had directed that the petitioner shall not be arrested till submission of police report u/s 173 (2) Cr.P.C., therefore, similar relief be accorded to the petitioner.
The aforesaid request of the petitioner cannot be accepted in view of the judgment of the Apex Court in the case of State of Telangana Vs. Habib Abdullah Jeelani and others : (2017) 2 SCC 779.
The Apex Court in that case had specifically observed that where the provisions for anticipatory bail are there, while declining the prayer to quash the first information report, the Court should not grant the relief of staying arrest pending investigation.
In view of the above, keeping in mind that the allegations in the impugned FIR disclose commission of cognizable offences, neither the prayer of the petitioner to quash the first information report nor to stay the arrest of the petitioners pending investigation can be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 7.4.2021/Sunil Kr Tiwari