Allahabad High Court
Smt. Mannu Devi And Another vs State Of U P And 3 Others on 2 August, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9694 of 2022 Petitioner :- Smt. Mannu Devi and another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sanjay Agrawal Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Umesh Chandra Sharma,J.
Heard Shri M.S. Pepersania and Shri Sanjay Agrawal, learned counsel for the petitioners and Shri G.P. Singh, learned A.G.A, for the State respondents.
The relief sought in this petition is for quashing of the impugned FIR dated 06.06.2022 registered as Case Crime No.0047 of 2022 under Sections 420, 467, 468, & 471 IPC, Police Station Kakarvai, District Jhansi. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 petitioners.
Shri G.P. Singh, learned AGA has opposed the prayer for quashing of the FIR, which discloses cognizable offence. He also submits that the other co-accused have also approached this Court by preferring Criminal Misc. Writ Petition no.9562 of 2022 (Brajendra and another vs. State of UP and 3 others) and the same was dismissed by this Court on 26.7.2022.
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, 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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
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 petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 2.8.2022 RKP