Mahmood Alam vs State Of U.P. And 3 Others
2022 Latest Caselaw 22601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17062 of 2022
 
Petitioner :- Mahmood Alam
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Qazi Vakil Ahmad
 
Counsel for Respondent :- G.A.,Mohitosh Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Mayank Kumar Jain,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 14.10.2022 registered as Case Crime No. 0252 of 2022 under Sections 420, 406, 376, 504, 506 IPC, P.S. Babupurwa Kanpur Nagar, District Kanpur Nagar 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 anticipatory bail/bail.

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

In view of the aforesaid, the writ petition is disposed of 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 :- 22.12.2022

T.S.