Dismissed

Mohd. Amir and Another v. State of U.P. and 3 Others

Allahabad HC23 Jul 2021CRLP/4316/2021

Case brief

AI extract

What is this about?

The High Court dismissed the criminal writ petition filed to quash the first information report and seek non-arrest direction. The court held that prima facie evidence of a cognizable offence was made out based on Bhajan Lal and Neeharika, leaving bail applications open.

What did the court decide?

The writ petition dismissed; petitioner directed to approach competent court for bail.

Mohd. Amir and Another Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4316 of 2021

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Petitioner :- Mohd. Amir And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Agrahari Counsel for Respondent :- G.A.,Praveen Mishra,Satyendra Kumar Mishra

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioner and the learned A.G.A.

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This writ petition has been filed praying for the following reliefs:

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"A. Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 19.4.2021 in case crime no. 0400 of 2021, under Section 447, 448, 380, 323, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar.

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B. Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in case crime no. 0400 of 2021, under Section 447, 448, 380, 323, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar."

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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 OnLine 2021 SC 192, no case has been made out for interference with the impugned first information report.

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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.

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Order Date :- 23.7.2021 Rahul Dwivedi/-

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Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.07.23 16:36:54 IST Date: 2021.07.23 16:39:20 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Mohd. Amir and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mohd. Amir and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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