High Court Court No. 48 dismissed the Criminal Misc. Writ Petition filed by Arun Sharma and another against State of U.P., refusing to quash the FIR or grant stay on arrest, finding prima facie commission of cognizable offence made out without expressing opinion on merits.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16418 of 2020
Petitioner :- Arun Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
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 FIR dated 26.11.2020, registered as Case Crime No. 772 of 2020, under Sections 354-A, 342, 506, 509, 34, 377 I.P.C., Police Station Ghaziabad Kotwali , District Ghaziabad.
(ii) Issue a writ, order or direction in the nature of mandamus, commanding the respondents not to arrest the petitioners pursuant to the impugned FIR dated 26.11.2020, registered as Case Crime No. 772 of 2020, under Sections 354-A, 342, 506, 509, 34, 377 I.P.C., Police Station Ghaziabad Kotwali , District Ghaziabad."
The place of commission of the alleged offence is district Ghaziabad on 17.07.2020. However, the informant-respondent no.3 lodged the FIR dated 30.10.2020 with the Police StationWelcome, District -North East Delhi which was transferred to P.S. Ghaziabad Kotwali on the ground of jurisdiction. Consequently, the impugned FIR No. 772 of 2020 , under Sections 354-A, 342, 506, 509, 34, 377 I.P.C., Police Station Ghaziabad Kotwali, District -Ghaziabad has been registered on 26.11.2020 with respect to occurrence of the alleged offence, dated 17.07.2020.
From a bare reading of the impugned FIR, it cannot be said that prima facie commission of cognizable offence is not made out. Therefore, we do not find any good reason to interfere with the impugned FIR.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, the writ petition is dismissed, leaving it open to the petitioners to apply for bail in accordance with law before the appropriate court.
Order Date :- 25.1.2021 T.S.
3 issues framed by the court
Whether the FIR dated 26.11.2020 should be quashed under Section 354-A, 342, 506, 509, 34, 377 I.P.C.
Whether the petitioners should be commanded not to be arrested pursuant to the FIR
Whether the writ petition filed seeking quashing of FIR and prohibition from arrest should be allowed
Arun Sharma
Another
State Of U.P.
Other
Other
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
