Shiv Kumari and 3 Others Vs State of U.P. and Another

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 11603 of 2022

Petitioner :- Shiv Kumari And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Pawnesh Tiwari,Dr. D.K. Tiwari Counsel for Respondent :- G.A.,Pramod Kumar Srivastava

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Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the petitioners, learned counsel for the informant and learned A.G.A for the State respondents.

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The relief sought in this petition is for quashing of the F.I.R. dated 26.07.2022, registered as Case Crime No. 0192 of 2022, under sections 419, 420, 467, 468, 471 I.P.C., Police Station Pashchim Sharira, District Kaushambi.

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Learned AGA, as well as, learned counsel for the informant have opposed the prayer for quashing of the FIR and have informed that petitioner no. 3 is having criminal antecedent of cases of similar nature.

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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.

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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.

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Order Date :- 23.9.2022

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K.K. Maurya

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Digitally signed by KAMLESH KUMAR MAURYA Date: 2022.09.26 10:25:29 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Kumari and 3 Others v. State of U.P. and Another

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Shiv Kumari and 3 Others v. State of U.P. and Another

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