Raghuveer Das Chela Late Sukhram Das vs State Of Up And 3 Others
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Allahabad High Court

Raghuveer Das Chela Late Sukhram Das vs State Of Up And 3 Others on 11 November, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176609-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17412 of 2024
 

 
Petitioner :- Raghuveer Das Chela Late Sukhram Das
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Shantanu,Vikram Singh Shrivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner and Sri Umesh Dwivedi, learned A.G.A. for the State.

2. This writ petition has been filed praying for the following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 23.02.2024 registered as Case Crime No. 86 of 2024, under Sections 147, 302, 323, 504 IPC, Police Station- Kotwali Gursahaiganj, District- Kannauj.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioner in pursuance of impugned First Information Report."

3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioner.

4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.

5. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019 and 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 in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report.

6. The writ petition is disposed of leaving it open for the petitioner to apply before the competent court for bail as in accordance with law.

7. It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

Order Date :- 11.11.2024

A.K.Srivastava