Arun Yadav vs State Of U.P. And 3 Others
2022 Latest Caselaw 9435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9882 of 2022
 
Petitioner :- Arun Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Om Prakash Vishwakarma
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the petitioner and learned A.G.A for the State-respondents.

Present writ petition has been preferred for quashing the FIR dated 24.6.2022 registered as Case Crime No. 0046 of 2022, under Section 376 IPC, Police Station Sigramau, District Jaunpur and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.

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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021, no case has been made out for interference with the impugned first information report.

Confronted with this situation, learned counsel for the petitioner states that the petitioner wants to withdraw the writ petition with liberty to apply for bail.

Learned A.G.A. has no objection to the aforesaid request of the petitioner.

In view of the aforesaid, the writ petition is dismissed with liberty to the petitioner to avail the remedy as available to him under the law.

It is made clear that we have not expressed any opinion on merits of the case.

Order Date :- 5.8.2022/M. Tarik