Allahabad High Court
Manoj Kumar Verma & Ors. vs State Of U.P. Thru. Prin. Secy. ... 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. - 13275 of 2021
Petitioner :- Manoj Kumar Verma & Ors.
Respondent :- State Of U.P. Thru. Prin. Secy. Home,Lko.& Ors.
Counsel for Petitioner :- Sanjay Kumar Verma
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 Sanjay Kumar Verma, learned counsel for the petitioners and Ms. Meera Tripathi, learned AGA for the State-respondent nos.1 to 3 and Shri Dilip Kumar Pathak, learned counsel for the complainant.
The present writ petition has been filed by the petitioners, seeking quashing of the impugned F.I.R. dated 04.06.2021 lodged by opposite party no.4 as Case Crime No.162 of 2021, under Section 363 IPC relating to police station Chhapiya, District Gonda with a further prayer to stay the arrest of the petitioners.
It has been argued by learned counsel for the petitioners that because of civil litigation between the petitioners and respondent no.4, the petitioners have been implicated in the present case, who belong to the same family. He further states that co-accused Chandi, who enticed away the victim girl, has already been arrested and sent to jail. So far as the petitioners are concerned, though they all are named in the impugned FIR, but the implication against them is purely false because of enmity of landed dispute and civil litigation, thus, the petitioners have not committed any serious offence as alleged in the impugned FIR and only baseless and vague allegations have been levelled against them just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed.
Learned AGA as well as learned counsel for the complainant opposed the prayer for quashing of the First Information Report and further stated that no doubt there was a civil litigation between the parties but the victim girl, who was a minor girl, was enticed away by the co-accused Chandi along with other accused petitioners, who are named in the impugned FIR as well as in the statement given by the victim girl under Section 164 Cr.P.C., where she has levelled allegations against all the petitioners.
He further submits that the victim girl was medically examined and thus, a cognizable offence is made out against the petitioners in the impugned FIR and hence, the relief as claimed by the petitioners cannot be granted to them 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 enticed away the victim girl and the victim girl who was a minor also in her statement under Section 164 Cr.P.C. levelled allegations against the co-accused Chandi as well as all the petitioners, 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 :- 30.6.2021
Arnima
