The Allahabad High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court held that the FIR disclosed a cognizable offence and cited Supreme Court precedents to conclude that no case existed for High Court interference at this stage.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 11171 of 2022
Petitioner :- Ankur Payal @ Ankur Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 20.04.2019, registered as Case Crime No. 230 of 2019, under Sections-147, 148, 149, 323, 504, 307, 506 I.P.C., Police Station-Medical College, District-Meerut.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable 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 in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 , 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 :- 30.8.2022 Deepak/
Digitally signed by DEEPAK KUMAR KUSHWAHA Date: 2022.09.01 17:44:11 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court is justified in dismissing the writ petition for quashing of the FIR as no case for interference is made out.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersReferred¶8
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¶8
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Leelavati Devi @ Leelawati & another vs. the State of Uttar PradeshReferred¶8
Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021
Ankur Payal @ Ankur Chaudhary
State Of U.P.
3 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
