Manish Kumar and 3 Others Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2023)

Manish Kumar and 3 Others Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Liberty to the petitioners, if so advised, to move a proper anticipatory bail application before the appropriate forum within 15 days, to be decided in accordance with law; prayer for quashing the FIR declined and refused.

Issue for consideration

Whether the impugned FIR dated 27.06.2023 registered as Case Crime No. 413 of 2023 (Sections 420, 467, 468, 471 I.P.C., Police Station South, District Firozabad) should be quashed in exercise of power conferred under Article 226 of the Constitution of India.

Court's answer

The Court was of the considered opinion that a 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.

Ratio / Principle

The prayer for quashing the FIR was declined and refused.

Key takeaways

The Court expressly did not express any opinion on the merits of the case.obiter¶12
The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.obiter¶12
The petitioners were granted liberty, if so advised, to move a proper anticipatory bail application before the appropriate forum within 15 days, which shall be decided in accordance with law.obiter

Detailed headnote1 paragraphs

Allahabad High Court (DB) disposed of a Criminal Misc. Writ Petition under Article 226 of the Constitution of India seeking quashing of FIR dated 27.06.2023 registered as Case Crime No. 413 of 2023 under Sections 420, 467, 468, 471 I.P.C., Police Station South, District Firozabad. Holding that a cognizable offence was made out against the petitioners, the Court declined and refused the prayer for quashing the FIR. The petitioners were granted liberty to move a proper anticipatory bail application before the appropriate forum within 15 days, to be decided in accordance with law; the Court expressed no opinion on the merits and expected the concerned court to decide the anticipatory bail application expeditiously with robust judicial discretion.

Neutral Citation No. - 2023:AHC:214310-DB

Court No. - 67

Case :- CRIMINAL MISC. WRIT PETITION No. - 17389 of 2023

Petitioner :- Manish Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.

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

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

The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 27.06.2023 registered as Case Crime No. 413 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station South, District Firozabad.

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

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.

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

However, it is open for the petitioners, if so advised, they shall move proper anticipatory bail application before the appropriate forum, within 15 days from today which shall be decided in accordance with law.

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.

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

Order Date :- 7.11.2023 Rmk.

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