This court dismissed a writ petition seeking quashing of an FIR and non-arrest directions, finding no case for interference as the FIR prima facie discloses a cognizable offence.
Writ petition dismissed; petitioners left to apply for anticipatory bail/bail before competent court.
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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6528 of 2021
Petitioner :- Ram Narayan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- G.A.,Pankaj Kumar
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and Shri Arunendra Kumar Singh, learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 12.03.2021 in Case Crime no.87/2021 under Section 420, P.S. Karvi Kotwali Nagar, District Chitrakoot. Further prayer has been made not to arrest the petitioners in the aforesaid case.
On the matter being taken up today, Shri Anuj Srivastava, Advocate has made a request for adjournment on behalf of learned counsel for the petitioners.
The Court has proceeded to examine the order-sheet. Repeated adjournments have been asked for by the counsel for the petitioners and today similar indulgence has been asked for.
Shri Arunendra Kumar Singh, learned A.G.A. raised an objection and opposed the prayer for quashing the FIR, which discloses congnizable offence.
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 and the judgment dated 07.10.2021 in Leelavati Devi @ Leelawati and Anr. vs. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021, 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 petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 13.12.2021 A. Pandey
1 issue framed by the court
Whether the First Information Report disclosing a cognizable offence under Section 420 IPC should be quashed under criminal writ jurisdiction.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersReferred¶9
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 MaharashtraReferred¶9
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Leelavati Devi @ Leelawati and Anr. vs. State of U.P.Referred¶9
Leelavati Devi @ Leelawati and Anr. vs. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021
Ram Narayan And 3 Others
State Of U.P. And 2 Others
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
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