Allahabad High Court
Raj Kumar & Others 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. - 12097 of 2021
Petitioner :- Raj Kumar & Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Others
Counsel for Petitioner :- Angrej Nath Shukla
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 Angrez Nath Shukla, learned counsel for the petitioners 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. dated 22.05.2021 registered as F.I.R. No.0229 of 2021 under Sections 147, 323, 506 IPC at police station Madiaon, District Lucknow with a further prayer to stay the arrest of the petitioners.
Learned counsel for the petitioners has argued that because of some land dispute between the petitioners and opposite party injuries have been received by petitioner nos.1, 3, 4, 6 and 7, for which FIR was also lodged by the petitioner against the opposite party no.4 and other persons in FIR no. 228 of 2021 under Sections 147, 323, 506 IPC and injury report has also been annexed in the writ petition as Annexure No.4. It is further stated the opposite party no.3 being aggrieved by it lodged counter blast FIR against the petitioners, but from the impugned FIR it is not clear about the injuries received by the side of the prosecution or whether any injury has been examined or not, 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 petitioners in the impugned FIR as in the impugned FIR it is apparent that the injured have received injuries on their person, 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 injured on their person and also gave death threats to the opposite parties, 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
