Petitioner challenged an FIR under Section 385 IPC seeking quashing and non-arrest. The High Court found sufficient ground for offence and dismissed the writ petition.
Petitioner directed not to arrest is not granted; petition dismissed.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17184 of 2020
Petitioner :- Deepak Gupta Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
None appears for the petitioner to press the writ petition even in the revised call.
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 F.l.R. dated 24.02.2020, registered at Case Crime No. 494 of 2020, under section- 385, I.P.C., At Police Station- Indrapuram, District- Ghaziabad. (Annexure No- I to the writ petition. )
II. Issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of present F.I.R. dated 24.02.2020. (Annexure No- I to the writ petition)."
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 :- 4.2.2021 NLY
2 issues framed by the court
Whether the impugned FIR under Section 385 IPC should be quashed.
Whether a writ order or direction in the nature of mandamus should be issued directing the State not to arrest the petitioner.
Colour shows how this judgement treated each authority
State of Haryana and others v. Bhajan LalReferred¶9
State of Haryana and others Vs. Bhajan Lal, 1992 AIR 604 · Who else cites this
State of Telangana v. Habib Abdullah Jeelani and othersReferred¶9
State of Telangana Vs. Habib Abdullah Jeelani and others, 2017(2) SCC 779 · Who else cites this
1 provisions across 1 enactments
Deepak Gupta
State Of U P
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
