Dismissed
Keprasad v. State of U.P. and 3 Others
Allahabad HCCRLP/5786/2021
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. WRIT PETITION No. -…
What the court decided
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Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5786 of 2021
Petitioner :- Keprasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,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) to issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 28.9.2020 registered as Case Crime No. 0301 of 2020, under Section 147, 452, 323, 504, 506, 332, 307 IPC at Police Station Khanpur, District Bulandshahr.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the impugned first information report dated 28.9.2020 registered as Case Crime No.0301 of 2020, under Section 147, 452, 323, 504, 506, 332, 307 IPC at Police Station Khanpur, District Bulandshahr. "
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.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 30.7.2021 Rahul Dwivedi/-
2 issues framed by the court
Whether the impugned First Information Report should be quashed or the petitioner released from arrest.
Whether a case has been made out for interference with the F.I.R.
Colour shows how this judgement treated each authority
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192Referred¶9
Keprasad
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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