Allahabad High Court
Irfan vs State Of U.P. Thru. Prin. Secy. ... 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. - 12100 of 2021
Petitioner :- Irfan
Respondent :- State Of U.P. Thru. Prin. Secy. Home,Lko.& Ors.
Counsel for Petitioner :- Anurag 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 Shri Anurag Singh, learned counsel for the petitioner and Ms. Smiti Sahai, learned AGA for the State-respondent nos.1 to 3.
The present writ petition has been filed by the petitioner, seeking quashing of the impugned F.I.R. dated 28.05.2021 registered as Case Crime No.161 of 2021 under Sections 504, 506, 354 IPC at police station Tambour, District Sitapur with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner has argued that some old enmity about the land dispute is going on between family of the petitioner and the complainant because of which impugned FIR has been lodged by respondent no.4 against the petitioner and other accused persons, levelling vague and false allegations against him just for harassment and with oblique motive, 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 petitioner has molested the victim, an unmarried girl, while she was coming home from her fields, 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 the petitioner along with other accused persons had tried to molest the victim unmarried girl and also tried to blackmail her through some of her obscene pictures, which were clicked by the petitioner, 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
