Bhagwat Yadav And 3 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 5146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7169 of 2022
 

 
Petitioner :- Bhagwat Yadav And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Piyush Kumar Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the petitioners and the learned A.G.A. Shri Om Prakash appears for the informant.

Present writ petition has been preferred for quashing the FIR dated 29.5.2022 registered as Case Crime No.155 of 2022 under Sections 323, 504, 506 IPC and 3 (2) V (Va) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Raksa, Distt. Jhansi 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.

Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.

Order Date :- 10.6.2022

SP/