Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12337 of 2021 Petitioner :- Vishal Jaiswal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kishore Dubey Counsel for Respondent :- G.A.,Sharique Ahmed
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, Sri Akash Deep Srivastava holding brief of Sri Sharique Ahmed, learned counsel for informant and learned A.G.A for the State- respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 26.10.2021 registered as Case Crime No. 87 of 2021 under Section 498-A, 323, 506, 377 IPC and Section 3/4 D.P. Act at Police Station Mahila Thana, District Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
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 :- 20.12.2021 Ujjawal