Allahabad High Court
Sandeep Kumar vs State Of U P And 3 Others on 2 December, 2020
Bench: Manoj Misra, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 13926 of 2020 Petitioner :- Sandeep Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents no.1, 2 and 3; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 14.2.2020 registered as Case Crime No.0413 of 2020, under Sections 174-A, I.P.C., Police Station- Indrapuram, District- Ghaziabad.
The allegation in the impugned first information report is that on 10.11.2019 first information report was lodged against Deepak Sharma, Sandeep Kumar (petitioner) and Sachin Kumar at P.S. Indrapuram, District Ghaziabad as Case Crime No.2423 of 2019, under Section 409, IPC and Section 7/13 of Prevention of Corruption Act. Investigation of the case started. On 16.11.2019, Non Bailable Warrants were obtained from the court, thereafter, on 26.11.2019 declaration under Section 82, Cr.P.C. was obtained and, thereafter, on 13.1.2020 coercive processes under Section 83, Cr.P.C. were issued and carried out. But, despite those coercive processes and declaration, the accused did not appear. Hence, the impugned first information report was lodged on 14.2.2020 under Section 174-A, IPC.
The petitioner has not challenged the order with regard to the declaration under Section 82, Cr.P.C. as also the coercive processes under Section 83, Cr.P.C. However, he has challenged the impugned first information report on the ground that by order dated 6.8.2020 he was granted anticipatory bail by this Court in Case Crime No.2423 of 2019.
The order dated 6.8.2020 passed in Criminal Misc. Anticipatory Bail Application U/S 438, Cr.P.C. No.2488 of 2020 is on record at page 28 of the Paper Book.
We have perused the order passed by the learned Single Judge of this Court. From a bare perusal of the order, we find that there is no disclosure in the order with regard to declaration having already been made against the petitioner under Section 82, Cr.P.C. Moreover, the order passed in the anticipatory bail application is much after the registration of the impugned first information report. Thus, as the offence, if any, punishable under Section 174-A, I.P.C. stood committed by the time anticipatory bail was granted and FIR for that offence had already been lodged, by virtue of subsequent grant of anticipatory bail, the impugned FIR which discloses commission of cognizable offence is not liable to be quashed.
Further, the learned counsel for the petitioner has also produced a copy of the order dated 2.11.2020 passed in Criminal Misc. Anticipatory Bail Application U/S 438, Cr.P.C. No.7437 of 2020 by which the anticipatory bail application of the petitioner for offence under Section 174-A, IPC pertaining to the impugned first information report was rejected by this Court.
Under the circumstances, as the allegation made in the impugned first information report, prima facie, make out commission of an offence punishable under Section 174-A, IPC, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed.
Order Date :- 2.12.2020 T. Sinha