Shiv Prakash Pandey v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15623 of 2023 Petitioner :- Shiv Prakash Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Utsav Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Utsav, learned counsel for the petitioner and learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated

27.6.2023 registered as Case Crime No. 0153 of 2023 under Section 419 IPC, Police Station Sigra, District Varanasi. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is submitted that it is not a case of impersonation as the photograph affixed on the admit card was old one. It is further submitted that there is a delay of 26 hours in lodging the FIR.

¶4Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.

¶5We find that petitioner has specifically been named and in bio-matrix test face of the petitioner was not matched. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Therefore, 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.

¶7Therefore, 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 :- 19.10.2023 Abhishek High Court of Judicature at Allahabad