Allahabad High Court
Arvind Kumar @ Arvind Yadav 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. - 12098 of 2021
Petitioner :- Arvind Kumar @ Arvind Yadav
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Others
Counsel for Petitioner :- Ajay Kumar Pandey
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 Ajay Kumar Pandey, learned counsel for the petitioners and Ms. Roohi Siddiqui, 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 09.06.2021 registered as Case Crime No.0141 of 2021 under Sections 308, 323, 504 IPC at police station Khandasa, District Ayodhaya with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner has argued that the petitioner was not present at the date and time of the incident as he was at his residence, which is 50 kms away from the place of occurrence, and the said fact has been stated in paragraph 5 of the writ petition and thus the petitioner has been falsely implicated in the present case and the impugned FIR has been lodged by the respondent no.4 with malafide intention against the petitioner 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 is named in the impugned FIR along with other accused persons and the injured have received serious injuries on their head as is apparent from the body of the impugned FIR, 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 sustained by latthis and dandas on the person of injured (opposite party no.4 and her family) on their head, 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
