Abdul Wahid vs State Of U.P. And Another
2022 Latest Caselaw 11929 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8640 of 2022
 

 
Petitioner :- Abdul Wahid
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Raj Kishore Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the petitioner and Sri Raj Narain, learned A.G.A.-I for the State-respondent.

This writ petition has been filed praying for the following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 17.2.2011 registered as Case Crime No. 226 of 2011, under Sections 406, 420, 467, 468, 471 IPC, Police Station- Loni, District- Ghaziabad (Annexure No. 1 to this writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive action against the petitioner in pursuance of impugned First Information Report."

Learned counsel for the petitioner has placed reliance upon the order dated 13.12.2012 passed by coordinate Bench of this Court in Crl. Misc. Writ Petition No. 14206 of 2011 (Mohanveer And Anr. v. State of U.P. And Others) preferred by the co-accused, wherein, initially interim order was accorded in favour of the petitioners. Finally, the said writ petition was disposed of with detailed observations vide order dated 13.12.2012. Thereafter, another accused Atar Singh Bhargava has challenged the impugned FIR in Crl. Misc. Writ Petition No. 31803 of 2018 (Atar Singh Bhargava v. State of U.P. And 3 Others), wherein, coordinate Bench has accorded similar indulgence and the writ petition was disposed of finally vide order 2.11.2018 with the direction that till submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation. In this backdrop, learned counsel for the petitioner submits that neither till date investigation has been concluded nor there is any credible evidence on record indicating complicity of the petitioner in the commission of alleged crime, therefore, the impugned FIR is liable to be quashed.

On the other hand, learned AGA-I on the basis of instructions apprised that the investigation is in progress and some reasonable time may be accorded so that fate of the aforesaid proceeding may be brought on record.

In view of the above, as the investigation is going on since 2011 and the coordinate Bench have accorded indulgence in case of other accused persons, without expressing any opinion on the merits of the case and considering the facts and circumstances, this writ petition also stands disposed ofin terms of the judgments cited above.

Order Date :- 31.8.2022

A.K.Srivastava