Harsh and 3 Others v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16955 of 2023 Petitioner :- Harsh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Km Preete Counsel for Respondent :- G.A.,Brijesh Kumar Gautam,Ravi Prakash Singh Kushwaha Hon'ble Rahul Chaturvedi,J. Hon'ble Anish Kumar Gupta,J. By means of the present criminal writ petition, the petitioners are challenging the legality and validity of the FIR dated 06-09-2023 registered as case crime no. 176 of 2023 under Sections 354(ka), 323, 504 and 506 IPC and 3(2) (va) of SC/ST Act, P.S. Hafizpur, District Hapur. After reading the entire FIR carefully, we are of the considered opinion that cognizable offence is made out against the petitioners and there is no reason or occasion to quash the FIR in exercise of power under Article 226 of the Constitution of India. Hence the prayer for quashing the FIR is hereby declined and accordingly rejected. However, if so advised, the petitioner may file bail before appropriate forum for redressal of their grievance within next ten days from today. However, it is made clear that the Court is not expressing any opinion on the merits of the case, learned court concerned is expected to apply its robust judicial discretion in deciding the anticipatory bail as early as possible. With this observation, the present habeas corpus writ petition is hereby disposed of. Order Date :- 6.11.2023 pks High Court of Judicature at Allahabad