Allahabad High Court
Usman 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. - 12096 of 2021
Petitioner :- Usman
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Others
Counsel for Petitioner :- Vinay Kumar Tiwari
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 Vinay Kumar Tiwari, learned counsel for the petitioner 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 28.01.2021 in Case Crime No.36 of 2021 at police station Colonelganj, District Gonda under Sections 363, 366 IPC, under Section 3/5(1) of the U.P. Prohibition of Unlawful Religious Conversion Ordinance, 2020 and Section 3(2)(V) of the SC/ST Act with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioners has argued that the victim, Km. Anuradha Arya, in her statement under Section 161 Cr.P.C. recorded by the Investigating Officer as well as in her statement recorded under Section 164 Cr.P.C. before the learned Magistrate, she stated that she voluntarily eloped with the petitioner. It is further stated that presently, she is confined in Nari Niketan, hence, the present F.I.R. lodged by respondent no.4 against the petitioner is completely false and fabricated and is filed just for harassment and with oblique motive, thus the impugned 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 F.I.R. as the victim girl was a minor aged about 16 years, as is evident from the impugned F.I.R. and her consent is irrelevant. Learned AGA has not disputed the fact that the victim girl is confined in Nari Niketan, 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
