Allahabad High Court
Shiv Shanker Mishra @ Shiv Shanker ... vs State Of U.P. Thru Prin. Secy. ... on 7 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 13917 of 2021
Petitioner :- Shiv Shanker Mishra @ Shiv Shanker & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Home, Lko. & Ors.
Counsel for Petitioner :- Umesh Singh
Counsel for Respondent :- G.A.,Rama Kant Dixit
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
The Court has convened through Video Conferencing.
Heard Sri Rama Kant Dixit, learned counsel for the petitioners and Sri Dinesh Singh Rana, learned A.G.A. for the State-respondent.
The present writ petition has been filed by the petitioners, namely, Shiv Shanker Mishra @ Shiv Shanker, Uma Shanker Mishra @ Uma Shanker, Arvind Sagar, Raj Kumar seeking quashing of the impugned F.I.R. dated 03.06.2021 lodged by opposite party no.4 as F.I.R./Case Crime No.0173/2021, under Sections 147, 148, 149, 307, 427, 452, 323, 506 I.P.C., Police Station Kaiserganj, District Bahraich with a further prayer to stay the arrest of the petitioners.
Learned counsel for the petitioners argued that the F.I.R. which has been lodged by private respondent is a counterblast to the F.I.R. lodged by petitioner No.4 against opposite party No.4. He further submits that injuries received are simple in nature. He further submits that they have not committed any serious offence as alleged in the impugned F.I.R. and only baseless and vague allegations have been levelled against the petitioners just for harassment and with oblique motive because of some political pressure, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the First Information Report and submitted that a cognizable offence is made out against the petitioners in the impugned F.I.R. 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 in Criminal Appeal No.330 of 2021 (M/s Neeharika Infrastructure Pvt. Ltd. vs. The State of Maharashtra and others), and therefore, the present writ 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) passed by the Hon'ble Apex Court vide judgment and order dated 13.04.2021, the present writ petition is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Narendra Kumar Johari,J.) (Ramesh Sinha,J.)
Order Date :- 7.7.2021
Shubhankar
