Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12433 of 2021 Petitioner :- Vyas Ji Bind And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Shukla,Ramesh Kumar Shukla Counsel for Respondent :- G.A.,Kaushlesh Datt Shukla
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner as well as learned A.G.A for the State respondents and Sri Kaushlesh Datt Shukla, learned counsel for the respondent no. 4.
The relief sought in this petition is for quashing of the F.I.R. report dated 23.11.2021 registered as Case Crime No. 216 of 2021 under Sections 376/120-B, 506 IPC Police Station Kotwali, District Mirzapur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
It is submitted that the petitioners have been falsely implicated who are close relations of the informant herself.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Sri Kaushlesh Datt Shukla, learned counsel for the respondent no. 4 submits that the anticipatory bail of the petitioner has already been rejected by the court below.
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.
Order Date :- 22.12.2021 Abhishek