High Court dismissed a writ petition seeking quashing of an FIR and cessation of arrest proceedings. Petitioner requested relief based on erroneously cancelled Scheduled Caste certificate.
Writ petition dismissed; petitioner left open to apply for anticipatory bail/bail.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4559 of 2021
Petitioner :- Devesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Gupta Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"i. issue a writ, order or direction in the nature of Certiorari for quashing the F.I.R. dated 08.02.2021 lodged by the Respondent no.4 against the petitioner which has been registered as Case Crime No. 0004 of 2021, Under Section 420, 487, 468 I.P.C. P.S. - Nagla Singhi, District -Firoabad. (Annexure No.1)
ii. issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities not to arrest the petitioner in pursuant to the F.I.R. dated 08.02.2021 lodged by the Respondent no.4 against the petitioner which has been registered as Case Crime No. 0004 of 2021, Under Section 420, 487, 468 I.P.C. P.S. - Nagla Singhi, District -Firoabad."
Learned counsel for the petitioner submits that the petitioner is of Scheduled Caste but his caste certificate was erroneously cancelled by the District Level Committee.
Be that as it may, from the records of this writ petition, we find that the caste certificate of the petitioner has been cancelled by the District Level Committee after affording him opportunity of hearing which fact is reflected in the order of the District Basic Education Office, Firozabad dated 11.01.2021 filed as Annexure -9 to the writ petition. Nothing has been brought on record to show that the cancellation of the caste certificate has either been interfered with by any competent authority or Court nor it has been stayed. Under the circumstances, we do not find any substance in the submissions of learned counsel for the
petitioner.
That a part, looking into the allegations made in the impugned First Information Report, commission of a cognizable offence is prima facie made out. Therefore, no interference can be made in the impugned First Information Report, 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.
For the reasons stated above, 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 :- 8.7.2021 shiv
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.09 11:56:19 IST Date: 2021.07.09 11:58:07 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether the First Information Report should be quashed under Section 482 CrPC.
Whether the petitioner can rely on the cancellation of the caste certificate to quash the FIR.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersApplied¶11
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 MaharashtraApplied¶11
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192. · Who else cites this
Devesh Singh
State Of U.P.
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
