Disposed¶12

Reena Saini and 2 Others v. State of U.P. and Another

Allahabad HC26 Sept 2023CRLP/15258/2023

Case brief

AI extract

What is this about?

Allahabad High Court (DB); CRIMINAL MISC. WRIT PETITION No. 15258 of 2023; quashing of FIR refused under Article 226; FIR dated 14.07.2023, Case Crime No.0172 of 2023; Sections 420, 406, 467, 468, 471, 325, 504, 506, 120B IPC; P.S. Kamla Nagar, District Agra; cognizable offence made out; liberty to move regular bail within ten days; no opinion on merits; anticipatory bail to be decided expeditiously; disposed of on 26.9.2023; Bench: Rahul Chaturvedi, J. and Mohd. Azhar Husain Idrisi, J.; Neutral Citation 2023:AHC:186922-DB.

What did the court decide?

Prayer for quashing the FIR declined and refused; liberty granted to petitioners to move regular bail application before the appropriate forum within ten days, to be decided in accordance with law. ¶12

Reena Saini and 2 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:186922-DB

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Court No. - 67

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15258 of 2023 Petitioner :- Reena Saini And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Vedant Agarwal 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 Sri Vedant Agarwal, learned counsel for the petitioners, learned A.G.A. for the State, Sri Brijesh Kumar Srivastava, learned counsel for the respondent no. 2 and perused the record.

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By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 14.07.2023 registered as Case Crime No.0172 of 2023, under Sections 420, 406, 467, 468, 471, 325, 504, 506 and 120B I.P.C., Police Station Kamla Nagar, District Agra.

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Learned counsel for the petitioners has raised a number of legal and factual aspects of the matter.

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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 petitioners 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 petitioners, if so advised, they shall move regular bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law.

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It is also made clear that the Court is not expressing any opinion 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 :- 26.9.2023 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Reena Saini and 2 Others v. State of U.P. and Another

Case brief

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Reena Saini and 2 Others v. State of U.P. and Another

Case brief

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