The court dismissed a writ petition seeking to quash an FIR under Section 302 IPC and a prayer not to arrest the petitioner. Citing Supreme Court precedents, the court held that prima facie a cognizable offence was disclosed and no case existed for interference.
PRAYER FOR QUASHING FIR AND ORDER NOT TO ARREST DISMISSED.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9211 of 2021
Petitioner :- Bhagirathi Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hemant Kumar,Pradeep Kumar Keshri
Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 21.07.2021 in Case Crime no.0193/2021 under Section 302 IPC, P.S. Alinagar, District Chandauli. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned A.G.A. 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 petitioner 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 under Section 302 IPC merits quashing in the instant circumstances.
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
Bhagirathi Yadav
State Of U.P.
2 Others
Hemant Kumar
Pradeep Kumar Keshri
G.A.
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
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