Allahabad High Court
Indu vs State Of U.P. And 2 Others on 24 August, 2021
Bench: Surya Prakash Kesarwani, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6494 of 2021 Petitioner :- Indu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajai Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner 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 quash the First Information Report dated 10.07.2021 registered as Case Crime No. 508 of 2021 Under Sections 376, 507, 509, 120B I.P.C. and Section 67 Information Technology (Amendment) Act, 2000, Police Station Kankarkheda, District-Meerut (Annexure No. 1 to this Writ Petition).
(ii) issue a writ, order or direction in the nature of mandamus directing to the respondents not to arrest the petitioner in pursuance of the First Information Report dated 10.07.2021 registered as Case Crime No. 508 of 2021 Under Sections 376, 507, 509, 120B I.P.C. and Section 67 Information Technology (Amendment) Act, 2000, Police Station-Kankarkheda, District-Meerut."
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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, 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 petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 24.8.2021 NLY