The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR and avoidance of arrest. The court held that the FIR prima facie disclosed a cognizable offence and no case was made out for interference under established Supreme Court jurisprudence.
Writ petition dismissed; no relief granted for quashing FIR or non-arrest.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11049 of 2021
Petitioner :- Aasma Bee Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Bhushan Upadhyay,Narendra Deo Upahdayay Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Narendra Deo Upadhyay, learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 27.09.2021 in Case Crime no.0208/2021 under Section 147, 148, 149, 323, 504, 506, 332, 353, 352, 225, 427, 307 IPC, P.S. Ughaiti, District Badaun. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned A.G.A. opposed the prayer for quashing the FIR, which discloses congnizable 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 the judgment dated 07.10.2021 in Leelavati Devi @ Leelawati and Anr. vs. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 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 :- 4.12.2021 A. Pandey
2 issues framed by the court
Whether there is any case for quashing the FIR dated 27.09.2021 which discloses commission of cognizable offence.
Whether relief of non-arrest of the petitioner is appropriate in the circumstances.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersReferred¶8
State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraReferred¶8
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Leelavati Devi @ Leelawati and Anr. vs. State of U.P.Referred¶8
Leelavati Devi @ Leelawati and Anr. vs. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021
Aasma Bee
State Of U.P.
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
