Saran Deep Kaushik v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 17932 of 2023 Petitioner :- Saran Deep Kaushik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioner and learned AGA for the State. Perused the record. Present writ petition has been filed by the petitioner, praying for quashing of the First Information Report dated 13.6.2023, registered as Case Crime No.324 of 2023, under Section 420, 467, 468, 471 I.P.C., P.S. -Kotwali, District -Muzaffar Nagar, with a further prayer to stay their arrest during pendency of investigation of the said case. Learned counsel for the petitioner has raised number of submissions as his defence, which cannot be appreciated at this nascent stage. We have gone through the allegations in the First Information Report and we find that the same clearly discloses commission of a cognizable offence. Consequently, we are not inclined to quash the impugned First Information Report. However, if the petitioner is advised, he may invoke the provisions of Section 438 of Cr.P.C. seeking his anticipatory bail within ten days from today. If such an anticipatory bail application is filed on behalf of petitioner within the time stipulated, same shall be decided by the court concerned after applying its robust judicial sense without wasting much of the time. With this observation the present petition is disposed off. Order Date :- 20.11.2023 M. Kumar High Court of Judicature at Allahabad