Ravindra Nath Mishra Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:184735-DB

Court No. - 67

Case :- CRIMINAL MISC. WRIT PETITION No. - 15020 of 2023

Petitioner :- Ravindra Nath Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- G.A.

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.

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By means of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the illegality and validity of the FIR dated 17.08.2023 registered as Case Crime No. 0238 of 2023, under Sections 420, 409 I.P.C., P.S. Pataherwa, District Kushi Nagar.

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Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioner and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.

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Accordingly, the prayer for quashing the FIR is declined and refused.

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However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today.

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It is also made clear that the Court is not expressing any opinion

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on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.

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With the above observation, the writ petition is disposed of .

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Order Date :- 22.9.2023 Israr

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Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad

Ravindra Nath Mishra v. State of U.P. and 3 Others

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Ravindra Nath Mishra v. State of U.P. and 3 Others

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