Nand Lal Nishad Urf Nanda and 2 Others v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16779 of 2023 Petitioner :- Nand Lal Nishad Urf Nanda And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Srivastava,Ankita Jaiswal,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Respondent :- G.A.,Sunil Choudhary Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioners and learned counsel for the informant and learned AGA for the State. By means of the present criminal writ petition, the petitioners are challenging the legality and validity of the FIR dated 07.10.2023 registered as case crime no. 0232 of 2023 under Sections 147, 386 IPC, P.S. Kareli, District Prayagraj. 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 anticipatory 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 writ petition is hereby disposed of. Order Date :- 11.12.2023 Abhishek Sri. High Court of Judicature at Allahabad