Allahabad High Court
Shivam Tyagi @ Rajat Tyagi And 5 Others vs State Of U.P. And 3 Others on 29 July, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9792 of 2022 Petitioner :- Shivam Tyagi @ Rajat Tyagi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramanand Gupta,Harshit Gupta Counsel for Respondent :- G.A.,Manvendra Singh Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the petitioners; Sri Manvendra Singh, learned counsel for the caveator/respondent no. 4 and the learned A.G.A.
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 13.7.2022 registered as Case Crime No. 474 of 2022, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station- Deoband, District- Saharanpur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report."
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.
Learned counsel for the caveator and learne AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
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.
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 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 :- 29.7.2022 A.K.Srivastava