Bheema and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4372 of 2023 Petitioner :- Bheema And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Satyendra Nath Mishra Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the petitioners and Sri Badrul Hasan, learned AGA-I for the State.

¶2The petitioners in the present writ petition is seeking quashing the First Information Report registered as Case Crime No.0392 of 2023, under Section 366 IPC, Police Station Kotwali Nagar, District Sultanpur.

¶3The contention of the learned counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment.

¶4Per contra, the learned AGA-I has contended that from the allegations made in the FIR prima facie offence is made out against the petitioners. The innocence of the petitioners cannot be adjudged at the pre-trial stage. Therefore, the petitioners do not deserve any indulgence.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others Vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.

¶6Having gone through the allegations made in the FIR this Court is of the view that the allegations in the FIR do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. Thus, the prayer for quashing of FIR is refused.

¶7However, the petitioners is directed to appear and surrender before the court below and apply for bail within four weeks from today, and his prayer for bail shall be considered expeditiously by the court below in accordance with law after hearing the Public Prosecutor.

¶8With the aforesaid observations, this petition stands disposed of. Order Date :- 8.6.2023 Shahroz High Court of Judicature at Allahabad, Lucknow Bench