Allahabad High Court
Smt. Shanti Devi & Ors. vs State Of U.P. Thru Addl. Chief ... on 25 June, 2021
Bench: Ramesh Sinha, Ved Prakash Vaish
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- MISC. BENCH No. - 12846 of 2021
Petitioner :- Smt. Shanti Devi & Ors.
Respondent :- State Of U.P. Thru Addl. Chief Secy. Home, Lko. & Ors.
Counsel for Petitioner :- Narendra Bahadur 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 Narendra Bahadur Singh, 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 petitioners, seeking quashing of the impugned F.I.R. dated 27.04.2021 lodged by opposite party no.4 as FIR No.0192 of 2021 at police station Raunahi, District Faizabad/Ayodhya under Sections 147, 148, 323, 325, 352, 452, 504, 506, 427, 308 IPC with a further prayer to stay the arrest of the petitioners.
Learned counsel for the petitioners has argued that there was a land dispute between the petitioners and private respondent no.4 for which the petitioner no.1 lodged an FIR against the respondent no.4 and others as FIR No.299 of 2020 under Sections 147, 452, 323, 504 and 506 IPC at police station Raunahi, District Ayodhya on 20.07.2020, which is under investigation and as such just as a pressure tactic respondent no.4 lodged the present impugned FIR against the petitioners levelling false and frivolous allegations against the petitioners just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed.
Learned AGA 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 and the petitioners were armed with deadly weapons and have assaulted the injured, who have sustained injuries on his head and his hand was also found to be fractured, thus, relief as claimed by the petitioners cannot be granted to the petitioners 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 petitioners as they were armed with deadly weapons and assaulted the father and sister-in-law of the respondent no.4 who sustained serious injuries on their head and person and their right hand was also fractured, thus, 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.
(Ved Prakash Vaish, J.)(Ramesh Sinha, J.)
Order Date :- 25.6.2021
Arnima
