Allahabad High Court
Ramashankar Nishad & Ors. vs State Of U.P. Thru. 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. - 13227 of 2021
Petitioner :- Ramashankar Nishad & Ors.
Respondent :- State Of U.P. Thru. Secy. Home,Lko.& Ors.
Counsel for Petitioner :- Anil Kumar Tiwari
Hon'ble Ramesh Sinha,J.
Hon'ble Vikas Kunvar Srivastav,J.
The Court has convened through video conferencing.
Heard Shri Anil Kumar Tiwari, learned counsel for the petitioner, Shri S.N. Tilhari, learned A.G.A. for the State-respondents no.1 to 3 and perused the record.
The present writ petition has been filed by the petitioners, namely, Ramashankar Nishad, Nandlal Nishad, Rajendra Nishad, Dayashankar Nishad and Heeralal Nishad with the following prayers :-
"(i) Issue a writ, order or direction in the nature of Certiorari to quashing the impugned First Information Report in Case Crime No.0154/2021, under Sections 147, 323, 504, 506, 308 I.P.C., Police Station Akhand Nagar, District Sultanpur, contained as Annexure No.1 to this writ petition.
(ii) Issue a writ, order or directing in the nature of Mandamus directing the opposite parties not to arrest the petitioner in Case Crime No.0154/2021, under Sections 147, 323, 504, 506, 308 I.P.C., Police Station Akhand Nagar, District Sultanpur, contained as Annexure No.1 to this writ petition.
(iii) Issue a writ, order or direction in the nature of Mandamus directing the opposite party no.3 to provide benefit of section 41(1) Cr.P.C. for compliance of order passed by Hon'ble Apex Court in the case of Arunesh Kumar Vs. State of Bihar."
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the impugned FIR has been lodged as a counter-blast to the FIR which was lodged from the side of petitioners against the complainant and four others. Both sides have received injuries in the alleged incident and the complainant party was the aggressor. The entire allegations levelled against the petitioners in the FIR is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that from a perusal of F.I.R. cognizable offence is made out against the petitioners and the relief as claimed cannot be granted to the petitioners in this writ petition in view of the latest judgment of the Apex Court passed in Criminal Appeal No.330 of 2021 (M/s Neeharika Infrastructure Pvt. Ltd. Vs. The State of Maharashtra & others), and therefore, the present 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 petitioners and also in view of the law laid down in M/s Neeharika Infrastructure Pvt. Ltd. (supra) by the 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
Anand/-
