In a criminal miscellaneous writ petition, the High Court dismissed the prayer for quashing an FIR under Section 3(1) of the SC/ST Act, holding no case was made out for judicial interference based on Supreme Court precedents.
Prayer for quashing of FIR and for not arresting the petitioner was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 3804 of 2021
Petitioner :- Hari Mangal Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Yashwant Pratap Singh,Lal Prabhakar Singh
Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 29.12.2020 registered as Case Crime No. 0485 of 2020 under Section 3(1) of SC/ST Act, Police Station Hyat Nagar, District Sambhal. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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, 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 :- 3.12.2021
pks
Digitally signed by JUSTICE Digitally signed by SUBHASH MAHESH CHANDRA TRIPATHI VIDYARTHI Date: 2021.12.04 16:27:04 IST Date: 2021.12.04 16:28:07 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the FIR under Section 3(1) of SC/ST Act deserves quashing prima facie.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersRelied on¶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 MaharashtraRelied on¶8
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Hari Mangal
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
