Nanhu Maurya @ Shyamji vs State Of U.P. And 3 Others
2022 Latest Caselaw 5205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7401 of 2022
 

 
Petitioner :- Nanhu Maurya @ Shyamji
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mohd. Ashraf Abbasi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the petitioner and the learned A.G.A.

Present writ petition has been preferred for quashing the FIR qua the petitioner dated 10.12.2018 registered as Case Crime No.678 of 2018 under Section 307, 120-B IPC, P.S. Mauaima, Distt. Allahabad.

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 petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.

Order Date :- 15.6.2022

SP/