Islam Ali vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 22728 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9910 of 2022
 

 
Petitioner :- Islam Ali
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Others
 
Counsel for Petitioner :- Vijay Kumar,Akhilesh Kumar Mishra,Alok Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Renu Agarwal,J.

Heard learned counsel for the petitioner, Shri Arunendra, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.

The present writ petition has been filed by the petitioner- Islam Ali, seeking following primary relief:-

"I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 and 2 not to arrest or adopt any coercive measures against the petitioner on the basis of first information report lodged by the opposite party no.3 on 9.10.2022 vide F.I.R. No.55 of 2022, under sections- 147, 148, 323, 504, 506, 308, 307 I.P.C., later on converted under sections- 34, 147, 148, 323, 325, 504, 506, 308 I.P.C., at Police Station- Madeyganj, District- Lucknow, as contained in Annexure no.3 to this writ petition, in the light of judgment and order passed by Hon'ble Supreme Court of India in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273."

Learned counsel for petitioner submits that this is the second writ petition filed by the petitioner, as he has earlier approached this Court by filing Criminal Misc. Writ Petition No.8291 of 2022 which was dismissed by this Court vide order dated 10.11.2022 but because of subsequent development case under Section 307 I.P.C. along with other penal code has been converted under Section 34 I.P.C. along with other offences and states that co-accused Saeed Alam and anothers have approached this Court for quashing of the F.I.R. by filing Criminal Misc. Writ petition No.9599 of 2022 which was disposed of in light of judgment of Apex Court in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 vide order dated 20.12.2022, hence, the petitioner has come up before this Court by filing the present petition for the aforesaid prayer.

Considering the aforesaid, we are not inclined to interfere in the instant writ petition under Article 226 of the Constitution of India.

The writ petition, is, accordingly, dismissed.

It is needless to say that petitioner has liberty to approach before the appropriate forum to take recourse to the remedy available under Section 438 Cr.P.C. and Section 439 Cr.P.C., as the case may be.

(Mrs. Renu Agarwal, J.) (Ramesh Sinha, J.)

Order Date :- 23.12.2022

Shubhankar