The High Court rejected the petition seeking quashing of an FIR. The court held that the FIR prima facie discloses a cognizable offence. Relying on Supreme Court precedents, the court found no merit to quash the FIR and dismissed the petition.
Writ petition dismissed leaving it open for the petitioner to apply for anticipatory bail/bail.
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Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 7020 of 2022
Petitioner :- Shah Mohammad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Ram Dubey,Vijay Pratap 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 04.12.2018 registered as Case Crime No.1326 of 2018, under Sections 420, 467, 468, 471, 406 I.P.C. Police StationKatghar, District-Moradabad.
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 :- 1.7.2022 Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.07.04 16:18:19 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition for quashing of the FIR is maintainable in view of the prima facie cognizable offence disclosed.
Whether any case was made out for interference with the impugned first information report.
Colour shows how this judgement treated each authority
Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh)Applied¶8
Shah Mohammad
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
