SURENDER KAUSHIK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal, by special leave, is directed against the order dated 12.10.2012 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No. 15077 of 2012 wherein the High Court has declined to quash the FIR No. 442 of 2012 registered at P.S. Civil Lines, Meerut, that has given rise to Crime No. 491 of 2012 for offences punishable under Sections 406, 420, 467, 468, 471, 504 and 506 of the Indian Penal Code (for short "the IPC").

(3.) At the very outset, it is requisite to be stated that the appellants had invoked the jurisdiction under Article 226 of the Constitution for quashment of the FIR on two counts, namely, first, that no prima facie case existed for putting the criminal law into motion and, second, when on the similar and identical cause of action and allegations, FIR No. 425 of 2012 corresponding to Crime No. 475 of 2012 had already been registered, a second FIR could not have been lodged and entertained. The High Court, by the impugned order, has opined that it cannot be held that no prima facie case is disclosed and, thereafter, proceeded to issue certain directions in relation to surrender before the concerned court and grant of interim bail in view of the decision rendered by the Full Bench of the Allahabad High Court in Amrawati and another v. State of UP, 2005 CrLJ 755 and Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, 2009 4 SCC 437.