Roshan Yadav And 2 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 5211 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6415 of 2022
 

 
Petitioner :- Roshan Yadav And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Piyush Kumar Shukla
 
Counsel for Respondent :- G.A.,Ray Sahab Yadav
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the petitioners, Sri Ray Sahab Yadav, learned counsel for the informant and learned A.G.A. for the State.

The present writ petition has been filed with the prayer to quash the First Information Report dated 17.5.2022 registered as Case Crime No.221 of 2022, under Sections 147, 342, 387, 328, 323, 504, 506 IPC, Police Station Sipri Bazar, District Jhansi.

It is informed that petitioner no.1 and 2 have already been arrested in the matter, as such the cause of filing the writ petition no more survives on their behalf.

In view of the above, so far as petitioner no.1 and 2 is concerned, the writ petition is dismissed as infructuous qua them.

As far as petitioner no.3 is concerned, 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 no.3 to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.

Order Date :- 15.6.2022

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