Allahabad High Court
Hansraj vs State Of U.P. Thru. Prin. ... 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. - 13250 of 2021
Petitioner :- Hansraj
Respondent :- State Of U.P. Thru. Prin. Secretary Home Lko. & Ors.
Counsel for Petitioner :- S.Malik-E-Ashtar Rizvi
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 Syed Malik-E-Ashtar Rizvi, learned counsel for the appellant and Ms. Meera Tripathi, 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 13.06.2021 lodged by opposite party no.4 as Case Crime No.0229 of 2021 at police station Ram Nagar, District Barabanki under Sections 452 and 354A IPC with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner has argued that the petitioner's daughter had lodged an FIR against the husband of the respondent no.4 bearing FIR No.223 of 2021 under Sections 354A, 504 and 506 IPC on 09.06.2021 at police station Ram Nagar, District Barabanki and in order to create pressure to compromise the said FIR the present impugned FIR has been lodged by the respondent no.4 against the petitioner levelling false and vague allegations against him 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 petitioner in the impugned FIR and the relief as claimed cannot be granted to the petitioner 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, 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
Arnima
