Dismissed

Nafees Ahmad v. State of Up

Allahabad HC2 Aug 2021CRLP/6187/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking quashing of an FIR and a direction not to arrest. The court held that a prima facie case of cognizable offence was evident, precluding interference under Bhajan Lal guidelines, while leaving bail applications open.

What did the court decide?

The writ petition was dismissed; the petitioner may apply for anticipatory bail or bail in a competent court.

Nafees Ahmad Vs State of Up — Quashing and FIR | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6187 of 2021

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Petitioner :- Nafees Ahmad Respondent :- State of U.P. Counsel for Petitioner :- Dileep Kumar Pandey

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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 19.01.2021 registered in Case Crime No. 61 of 2021, under Sections 420, 409 I.P.C., Police Station – Kotwali City, District Bulandshahr. (Annexure No.1 to the writ petition).

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(b) issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities, not to arrest and harass the petitioner in pursuance of the impugned First Information Report dated 19.01.2021 registered in Case Crime No. 61 of 2021, under Sections 420, 409 I.P.C., Police Station- Kotwali City, District- Bulandshahr. (Annexure No.1 to the writ petition)"

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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 2021 SC 1918, 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 :- 2.8.2021 NLY

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Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.08.03 15:41:12 IST Date: 2021.08.03 15:42:41 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Nafees Ahmad v. State of Up

Case brief

What is this about?

What did the court decide?

Nafees Ahmad v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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