Anand Singh @ Anand Kumar Singh vs State Of Up And 2 Others
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Allahabad High Court

Anand Singh @ Anand Kumar Singh vs State Of Up And 2 Others on 22 November, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:183056-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18916 of 2024
 
Petitioner :- Anand Singh @ Anand Kumar Singh
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Kunvar Rahul Singh, Kunwar Jitendra Bahadur Singh
 
Counsel for Respondent :- Akhilesh Kumar Dubey,G.A.,Vinay Kumar Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner, learned A.G.A. for the State respondents and Sri Vinay Kumar Singh, learned counsel for the informant.

2. The relief sought in this petition is for quashing of the F.I.R. dated 01.10.2024 registered as case crime no.0410 of 2024, under Sections 74, 109, 191 (2), 361(3) of B.N.S, 2023 and Section 3(2) (V) S.C./S.T. Act, Police Station Kotwali, District Jaunpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.

3. At the very outset, learned counsel for the informant states that this court vide order dated 14.11.2024 passed in Criminal Misc. Writ Petition No.20021 of 2024 has declined to grant reprieve to the co-accused, Satyam Singh as cognizable offence is made out against him. The case of the petitioner stands on the same footing as the co-accused, hence, no reprieve can be granted to him.

4. 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 is made out for interference with the impugned first information report.

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

6. 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 :- 22.11.2024

S.P.