Allahabad High Court
Shubham vs State Of U.P. Thru Secy.Home ... on 30 June, 2021
Bench: Ramesh Sinha, Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 13293 of 2021
Petitioner :- Shubham
Respondent :- State Of U.P. Thru Secy.Home Lucknow And Ors.
Counsel for Petitioner :- Dinesh Kr. Chaudhary
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Vikas Kunvar Srivastav,J.
The Court has convened through Video Conferencing.
Heard Shri Dinesh Kr. Chaudhary, learned counsel for the petitioner and learned AGA for the State-respondent nos.1 & 2.
The present writ petition has been filed by the petitioner, seeking quashing of the impugned F.I.R./Case Crime No.0133 of 2021, under Sections 354, 504, 506 of I.P.C., Police Station Kotwali Nagar, District Balrampur dated 24.05.2021 registered at the instance of the respondent no.3 with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner has argued that the petitioner is a student and his bright carrier will be ruined if the present criminal proceedings will go on.
He further argues that the petitioner has been falsely implicated by the opposite party no.3 in the instant case due to enmity of locality.
Learned AGA 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 used to tease the daughter of opposite party no.3 and on 23.05.2021 at about 05:00 P.M., when the daughter of opposite party no.3 was standing behind her house, at that time, the petitioner reached there alongwith his two associates and snatched the Dupatta of the girl, threatened her and ran away. The matter is still under investigation. Thus, the relief as claimed by the petitioner in this writ petition cannot be granted 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, is subject to the investigation and also whether the allegations made in the impugned FIR are true or not, cannot be adjudged by this Court at this juncture, 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.
(Vikas Kunvar Srivastav,J.) (Ramesh Sinha,J.)
Order Date :- 30.6.2021
Saurabh
