Allahabad High Court
Sudhir Kumar Singh vs State Of U.P. Thru. Secretary Home ... on 12 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 14263 of 2021
Petitioner :- Sudhir Kumar Singh
Respondent :- State Of U.P. Thru. Secretary Home Deptt. & Ors.
Counsel for Petitioner :- Anil Kumar Tiwari
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
The Court has convened through Video Conferencing.
Heard Sri Anil Kumar Tiwari, learned counsel for the petitioner, Sri S.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner, namely, Sudhir Kumar Singh seeking quashing of the impugned F.I.R. dated 01.07.2021 lodged by opposite party no.4 as F.I.R./Case Crime No.0424/2021, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Gomtinagar, District Lucknow with a further prayer to stay the arrest of the petitioner.
Learned counsel for petitioner submits that the petitioner has criminal history of three cases and in all the cases he has been acquitted from all the charges and there is no other cases pending against him. The said fact is mentioned in paragraph 4, 5 and 6 of the writ petition. He further submits that the arms licence has been granted in favour of his wife.
Lastly, the submission of learned counsel for petitioner is that impugned F.I.R. has been lodged against the petitioner just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is having criminal antecedents, he has already been convicted in the criminal case and the petitioner is named in the F.I.R. He further submits that the petitioner has filed a false affidavit to obtain an arm licence in the name of his wife Smt. Sunita Singh and also the impugned F.I.R. discloses a cognizable offence against the petitioner.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., the petitioner in collusion with his wife got the arms licence by filing his false affidavit not disclosing his criminal history and also considering that the petitioner is a history sheeter and having criminal antecedents, we are of the opinion that 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 petitioners, matter requires investigation and also in view of the law laid down in Criminal Appeal No.330 of 2021 (M/s Neeharika Infrastructure Pvt. Ltd. vs. The State of Maharashtra and others) passed by the Hon'ble Apex Court vide judgment and order dated 13.04.2021.
The petition lacks merit and is, accordingly, 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 :- 12.7.2021/Shubhankar
