Mahipal Singh v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 17430 of 2023 Petitioner :- Mahipal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajneesh Kumar Sharma 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 A.G.A. representing the State and perused the record. By means of the present petition, the petitioner is assailing the legality and validity of the FIR dated 21.10.2023 registered as Case Crime No. 775 of 2023, under Section 7/13 of the Prevention of Corruption Act, police station Chandpur, district Bijnor. After plain reading of the entire FIR, we are of the considered opinion that prima facie offence is made out against the petitioner 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. However, if so advised, the petitioner may approach the court concerned by filing regular bail within next ten days from today and if such an application is moved, learned court concerned is expected to apply its robust judicial discretion in deciding the regular bail at the earliest. With this observation, the present writ petition is hereby disposed of. Order Date :- 20.11.2023 Sumaira High Court of Judicature at Allahabad