Arif and 4 Others v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 17337 of 2023 Petitioner :- Arif And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tabrez Ahmad,Aishwarya Pratap Singh Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard Mr. Tabrez Ahmad, learned counsel for the petitioners, learned A.G.A. appearing for the State-respondents and perused the record. The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 17.10.2023 registered as Case Crime No. 324 of 2023, under Sections 147, 148, 149, 323, 307, 336, 504, 427 IPC and Section 7 of Criminal Law Amendment Act, 1932, Police Station Simbhawali, District Hapur. Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. Accordingly, the prayer for quashing the FIR is declined and refused. However, it is open for the petitioners, if so advised, they shall move proper anticipatory bail application before the appropriate forum, within fifteen days from today. It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible. With the above observation, the writ petition is disposed of. Order Date :- 7.11.2023 M. Tarik High Court of Judicature at Allahabad