The Allahabad High Court dismissed a writ petition seeking quashing of an FIR under IPC Sections 420 and 409. The court held that the FIR prima facie revealed a cognizable offence and no case for interference was made out.
Writ petition dismissed; petitioner advised to apply for anticipatory bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7775 of 2021
Petitioner :- Ashish Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Bhan Singh,Sr. Advocate Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,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 calling for record of the case and quash the impugned First Information Report dated 23.07.2021 (Annexure No. 1 to this writ petition) lodged in Case Crime No. 0396 of 2021, under Section 420 and 409 I.P.C. Police Station Dibiyapur, District-Auraiya.
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned First Information Report dated 23.07.2021 lodged in Case Crime No. 0396 of 2021, under Sections 420 and 409 I.P.C. Police Station Dibiyapur, District Auraiya and stay the arrest of the petitioner in the above notice criminal case."
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 S tate 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.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Deepak/
1 issue framed by the court
Whether to quash an FIR under Sections 420 and 409 IPC lodged for alleged cheating.
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
Ashish Kumar Singh
State Of U.P.
Other Respondents
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
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