Govind Das And 6 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 5173 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7199 of 2022
 

 
Petitioner :- Govind Das And 6 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Upadhyay,Niraj Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the petitioners, Mr. Malviya, Advocate holding brief of Mr. Manoj Kumar Singh and the learned A.G.A. for the State.

Present writ petition has been preferred for quashing the F.I.R. dated 12.05.2022 registered as Case Crime No. 52 of 2022, under Sections 467, 468, 469, 470, 471, 419, 420, 452, 147, 323, 504, 506, 427, 392 I.P.C., Police Station Chetganj, District Varanasi and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.

Learned A.G.A. opposed the prayer for quashing of the F.I.R., 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 as permissible under law and in accordance with law.

Order Date :- 13.6.2022

SA