Single-line order dismissing a criminal writ petition seeking quashing of an F.I.R. and prohibition of arrest. The High Court held no case was made out for interference, leaving the matter open for anticipatory or regular bail applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8586 of 2021
Petitioner :- Smt. Nazmi Zubair And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bakhteyar Yusuf Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following main reliefs:
" (a) . Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 3.8.2021 registered as Case Crime No. 177 of 2021 under Sections 406, 420, 504, 506 IPC, Police Station Pipri, District Kaushambi (annexure no. 1) to this writ petition.
(b) issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of first information report dated 3.8.2021 registered as Case Crime No. 177 of 2021 under Sections 406, 420, 504, 506 IPC, Police Station Pipri, District Kaushambi. "
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.
Therefore, the writ petition is disposed of 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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 Court/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 :- 4.10.2021 Jaswant
2 issues framed by the court
Whether the writ petition seeking quashing of the First Information Report should be allowed.
Whether relief should be granted commanding respondents not to arrest the petitioners.
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
Smt. Nazmi Zubair And 3 Others
State Of U.P. And 3 Others
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
