The Allahabad High Court dismissed a writ petition seeking to quash an FIR. The court held that the FIR prima facie disclosed a cognizable offence, finding no basis for interference.
Application for quashing of FIR dismissed; petitioners allowed to approach competent court for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 8063 of 2022
Petitioner :- Veer Singh And 6 Others Respondent :- State Of U.P Through Secretary Home And 2 Others
Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava,Vipin Chandra Lal Counsel for Respondent :- G.A.,Vipin Chandra Pal
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 04.12.2021 registered as Case Crime No. 0372 of 2021, under Sections 323, 308, 352, 354(Kha), 395, 452, 436, 504, 506, 355 IPC, Police Station Mudhapande, 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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 1.11.2022 Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.11.04 12:52:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the FIR disclosing a cognizable offence.
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 & another vs. the State of Uttar PradeshReferred¶9
Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh)
Veer Singh And 6 Others
State Of U.P Through Secretary Home And 2 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
