Allahabad High Court
Ram Baran Rawat vs State Of U.P. Thru. Prin Secy. Home ... on 17 June, 2021
Bench: Ramesh Sinha, Ved Prakash Vaish
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- MISC. BENCH No. - 12094 of 2021
Petitioner :- Ram Baran Rawat
Respondent :- State Of U.P. Thru. Prin Secy. Home & Others
Counsel for Petitioner :- Neeta Singh Chandel,Vipul Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Ved Prakash Vaish,J.
The Court has convened through Video Conferencing.
Heard Ms. Neeta Singh Chandel, learned counsel for the petitioner and Ms. Roohi Siddiqui, learned AGA for the State-respondents.
The present writ petition has been filed by the petitioner, seeking quashing of the impugned F.I.R. related to Case Crime No.161 of 2021 at police station Ram Sanehi Ghat, District Barabanki under Sections 147, 148, 332, 336, 341, 353, 504, 188 IPC and under Section 7 of Criminal Law Amendment Act with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioners has argued that a boy from the petitioner's village, namely, Pradeep, had died on account of electrocution for which an FIR was lodged by the Police, which was registered as Case Crime No. 160 of 2021 under Section 304 I.P.C., at Police Station Ram Sanehi Ghat, District Barabanki and it is alleged that the Police had implicated innocent persons in the incident by levelling false and fabricated allegations against them that they have tried to create a ruckus and caused injury to them, hence, the present F.I.R. is liable to be quashed.
Learned AGA has opposed the prayer for quashing of the First Information Report and submitted that a cognizable offence is made out against the petitioner in the impugned FIR as the Police personnel have received injuries in the incident in question and mob was also gathered and attacked on the Police personnel because of the incident of electrocution of the deceased, hence, the relief as claimed by the petitioner cannot be granted to him 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 FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner as several injuries have been received by the Police personnel when the mob of the village concerned gathered around and attacked the Police personnel by stones and bricks, 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 FIR 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.
Order Date :- 17.6.2021
Arnima
