Allahabad High Court
Net Ram Singh And 3 Others vs State Of U.P. And 2 Others on 22 May, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:112199-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 7435 of 2023 Petitioner :- Net Ram Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- G.A.,Anup Kumar Khare Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Krishna Kumar Singh, learned counsel for the petitioners, Sri Anup Kumar Khare, learned counsel for the informant and Sri Ratan Singh, learned A.G.A. for the State-respondents and perused the record.
2. The relief sought in this petition is for quashing of the F.I.R. dated 19.04.2023 registered as Case Crime No. 91 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Hajrat Nagar Gadhi, District- Sambhal. Further prayer has been made not to arrest the petitioners in the aforesaid case.
3. Learned counsel for the petitioners submits that the petitioners have lodged first information report in the year 2022 wherein charge-sheet has also been submitted and the complaint against the Investigating Officer was also lodged and the present criminal prosecution is the outcome of the same.
4. Per contra, learned counsel for the informant submits that a bare reading of the first information report clearly makes out a case and first information report is based on the inquiry report submitted by the S.D.O., Sambhal (Electricity Department) and therefore, no interference is warranted and the background of litigation, if any, is nothing but defense of the petitioners which cannot be considered for the purpose of quashing of first information report.
5. Learned A.G.A., on the basis of instructions, submits that report of S.D.O., Sambhal (Electricity Department) is on record of the writ petition and a cognizable offence has been made out.
6. 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.
7. 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.
Order Date :- 22.5.2023 KS