Neeraj Kumar Gupta vs State Of U.P. And 3 Others
2022 Latest Caselaw 5191 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7363 of 2022
 

 
Petitioner :- Neeraj Kumar Gupta
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sudhakar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ashutosh Srivastava,J.

Vakalatnama filed by Shri Vimlendu Tripathi, learned counsel for the respondent no.4, be taken on record.

Heard learned counsel for the petitioner, the learned A.G.A. and Shri Vimlendu Tripathi, learned counsel for respondent no.4.

This writ petition has been filed with the prayer to quash the First Information Report (FIR) dated 20.05.2022 in Case Crime no.0155/2022 under Section 306 IPC, P.S. Gabhana, District Aligarh. Further prayer has been made not to arrest the petitioner in the aforesaid case.

Learned A.G.A. opposed the prayer for quashing the FIR, which discloses congnizable 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 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 07.10.2021 in Leelavati Devi @ Leelawati and Anr. vs. 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. However, the writ petition is disposed off leaving it open for the petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.

Order Date :- 14.6.2022

A. Pandey