The court dismissed a writ petition seeking quashing of an FIR and a stay on arrest. It held that the FIR disclosed a cognizable offence and was maintainable in law, thus no ground existed to quash it.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16395 of 2020
Petitioner :- Shivam Agrahari And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard.
This writ petition has been filed, praying for the following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report, dated 02.10.2020 lodged in Case Crime No.191 of 2020, under Sections 498A, 323, 504, 506 of I.P.C., and Section 3/4 The Dowry Prohibition Act, Police Station Chandauli, District - Chandauli by respondent no.3.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioners in pursuance of the First Information Report dated 02.10.2020 lodged in Case Crime No.191 of 2020, under Sections 498A, 323, 504, 506 of I.P.C., and Section 3/4 The Dowry Prohibition Act, Police Station - Chandauli, District - Chandauli by respondent no.3 and no coercive steps be taken against the petitioners by the concerned police".
On bare reading of the impugned FIR, we find that the commission of cognizable offence is made out, therefore, no ground exists to quash the impugned FIR, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others Vs. Bhajan Lal, 1992 AIR 604 and State of Telangana Vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 .
For the reasons aforestated, the writ petition is dismissed leaving it open to the petitioner to apply for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 1.2.2021/vkg
2 issues framed by the court
Whether the impugned FIR should be quashed as no cognizable offence is made out.
Whether the petitioners should be granted an interim stay on arrest pending the disposal of the writ petition.
Colour shows how this judgement treated each authority
State of Haryana and others Vs. Bhajan LalReferred¶9
State of Haryana and others Vs. Bhajan Lal, 1992 AIR 604 · Who else cites this
State of Telangana Vs. Habib Abdullah Jeelani and othersReferred¶9
State of Telangana Vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 · Who else cites this
Shivam Agrahari and 7 Others
State Of U.P. and 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
