Allahabad High Court
Arpit Kumar @ Laloo 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. - 13265 of 2021
Petitioner :- Arpit Kumar @ Laloo
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow & Ors.
Counsel for Petitioner :- M.K. Dixit
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 M.K. Dixit, learned counsel for the petitioner and Ms. Meera Tripathi, learned A.G.A. for the State-respondent nos.1 to 3 and perused the F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner, seeking quashing of the impugned F.I.R. dated 04.06.2021, lodged by respondent no. 4 against the petitioner in Case Crime No. 0166 of 2021, under Sections 354/457 I.P.C. and 7/8 of POCSO Act, registered at Police Station Safdarganj, District Barabanki with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner has argued that the Panchayat Election was held recently in petitioner's Gram Panchayat on 26.04.2021, wherein the petitioner and his family members have supported to one Smt. Santosh Kumari W/o Sri Umakant Verma, who has been duly elected as Gram Pradhan on 02.05.2021. However, the complainant's family have supported to one Smt. Amrita Devi W/o Sri Rajendra Prasad, who has lost the election and defeated by the present Gram Pradhan. As a result of which there is Panchayat election rivalry between both the families which are living in front to each other in same village and hot dialogues are continued between both the families from the beginning of panchayat election.
Learned counsel further argued that the husband of defeated Gram Pradhan being well wisher of the complainant's family concocted a story said to be occurred on 29.03.2021 and to teach a lesson to the petitioner's family, given an application on behalf of the complainant on 04.06.2021 in police station concerned, without showing the reason of more than two months delay and by taking advantage of village rivalry, the name of the petitioner has been falsely implicated in the instant criminal case with intention to ruin the future of the petitioner.
Learned counsel further submitted that the petitioner passed the High School and Intermediate examination in the year 2011 and 2013 respectively from U.P. Board as a regular student and thereafter he completed Graduation (B.A.) in the year, 2016 with second Division from Bihari Lal Degree College & Professional Studies Beriya, Barabanki. A true copy of the Character Certificate of the petitioner, issued by the principal of the institution are being filed alongwith the writ petition.
Learned A.G.A. 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. 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 F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, 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 F.I.R. 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
kkv/
[Vikas Kunvar Srivastav,J.] [Ramesh Sinha,J.]
