Sandeep Chauhan vs State Of U.P. And 3 Others
2022 Latest Caselaw 5089 ALL

Citation : 2022 Latest Caselaw 5089 ALL
Judgement Date : 9 June, 2022

Allahabad High Court

Sandeep Chauhan vs State Of U.P. And 3 Others on 9 June, 2022

Bench: Mahesh Chandra Tripathi, Sanjay Kumar Pachori




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6975 of 2022
 

 
Petitioner :- Sandeep Chauhan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sitaram Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Sanjay Kumar Pachori,J.

Heard learned counsel for the petitioner and learned AGA.

Present writ petition has been preferred for quashing the FIR dated 30.04.2021 registered as Case Crime No.251 of 2021 under Sections 147, 148, 149, 332, 333, 353, 323, 504, 506, 427, 336, 307 IPC and 7 Criminal Law Amendment Act, Section 3/4 Prevention of Damages to Public Property Act, P.S. Ghosi, Distt. Mau and for a direction to the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.

Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He has also submitted that other two co-accused have already been granted bail by the competent court and as such no case is made out for quashing the FIR.

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 :- 9.6.2022

SP/