Shiv Kumar Maurya @ Shiva And 2 Others vs State Of Up And 2 Others
2024 Latest Caselaw 37980 ALL

Allahabad High Court

Shiv Kumar Maurya @ Shiva And 2 Others vs State Of Up And 2 Others on 19 November, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:180778-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19434 of 2024
 

 
Petitioner :- Shiv Kumar Maurya @ Shiva And 2 Others
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Prince Kumar Srivastava,Satyendra Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioners and 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 first information report dated 30.09.2024 in case crime no.749 of 2024 under sections 2 (b) (i),3(1) U.P. Gangster and Anti Social Activities Prevention Act 1986, Police Station- Khalilabad, District- Sant Kabir Nagar.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of first information report dated 30.09.2024 bearing case crime no.749 of 2024 under sections 2 (b) (i), 3(1) U.P. Gangster and Anti Social Activities Prevention Act 1986, Police Station- Khalilabad, District- Sant Kabir Nagar."

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

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 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 petitioners to apply before the competent court for bail in accordance with law.

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

Order Date :- 19.11.2024

NLY