Allahabad High Court
Amit Kumar & Ors. vs State Of ... on 16 August, 2021
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 17805 of 2021
Petitioner :- Amit Kumar & Ors.
Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.
Counsel for Petitioner :- Chandra Bhooshan
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Chandra Bhooshan Tripathi, learned counsel for the petitioners, Shri S.P. Singh, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioners Amit Kumar, Ajeet Kumar and Shobhit Shukla with a prayer to issue a writ in the nature of certiorari to quash the impugned FIR No.0265 of 2020, under Sections 147, 148, 149, 452, 435, 436, 427, 323, 504, 506, 120-B I.P.C. & Section 2/3 of Prevention of Damages to Public Property Act, 1984 & Section 7 of Criminal Law Amendment Act, Police Station Bazar Shukul, District Amethi with a further prayer not to arrest the petitioners in pursuance of the impugned FIR.
It has been argued by learned counsel for the petitioners that the petitioners are not named in the impugned FIR and the impugned FIR has been lodged against unknown persons. He next argued that the petitioners have no concern with the alleged incident, but the police is illegally harassing them in pursuance of the impugned FIR. In support of his contention, he has placed reliance upon the affidavits given by several persons of the area in which it has been mentioned that the petitioners were not involved in the said case. He next argued that the impugned FIR has been lodged just for harassment with oblique motive. The entire allegations levelled in the FIR are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submits that as per FIR about 80-90 persons armed with lathi, danda, rod, matchstick and other weapons attacked on the camp and destroyed valuable articles lying there and also looted the belongings of the persons residing in the residential area. He next argued that the allegation levelled against the petitioners in the present case is a subject matter of investigation. He next argued that from a perusal of F.I.R. cognizable offence is made out against the petitioners and the relief as claimed cannot be granted to the petitioners in this writ petition in view of the latest judgment of the Apex Court passed in Criminal Appeal No.330 of 2021 (M/s Neeharika Infrastructure Pvt. Ltd. Vs. The State of Maharashtra & others), and therefore, the present petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner and also in view of the law laid down in M/s Neeharika Infrastructure Pvt. Ltd. (supra) by the Apex court vide judgment and order dated 13.04.2021, the present writ petition is dismissed.
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(Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 16.8.2021
Anand/-
