Allahabad High Court
Abdul Kadir Sheikh @ Faisal vs State Of U.P. And 2 Others on 27 February, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2834 of 2023 Petitioner :- Abdul Kadir Sheikh @ Faisal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Kshitij Shailendra,J.
Heard Shri Sanjay Kumar, learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 20.12.2022 registered as Case Crime No. 0537 of 2022 under Sections 420, 406, 376, 506 I.P.C. and Section 3, 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act-2021 Police Station -Line Bazar, District-Jaunpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned A.G.A. opposed the prayer for quashing of the F.I.R., which discloses cognizable offence.
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 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 petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 27.2.2023 Jyotsana