Allahabad High Court
Abhishek Saroj vs State Of U.P. Thru. Prin. Secy. ... on 1 July, 2022
Bench: Ramesh Sinha, Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4412 of 2022
Petitioner :- Abhishek Saroj
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
Counsel for Petitioner :- Lalji Yadav,Kshipra Chaurasia
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Shri Lalji Yadav, 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.
This writ petition has been filed by the petitioner- Abhishek Saroj with a prayer to issue a writ, order or direction in the nature of certioari seeking quashing of the impugned F.I.R. dated 28.02.2022 registered as F.I.R. No.0045 of 2022, under Sections 147, 148, 323, 504, 506, 307, 120-B I.P.C. and Sections 3(2)(v), 3(2)(va), 3(1)(da), 3(1)(dha) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Sangramgarh, District Pratapgarh with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to comply with the provisions of section 41-A of Cr.P.C. in the light of the judgment of Arnesh Kumar passed by Hon'ble Apex Court and conduct the investigation in connection with the impugned F.I.R.
It has been argued by learned counsels for petitioner that petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further argued that there is no injury report with regard to alleged incident. He next argued that apart from the bald allegations made in the F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioner's complicity in the commission of the alleged offence. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner. He further submits that impugned F.I.R. has been lodged against the petitioner just for harassment with oblique motive, hence the impugned F.I.R. 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 the petitioner is named in the F.I.R.He further submits that as per impugned F.I.R., the petitioner is said to be armed with lathi-danda along with co-accused persons, who were armed with axe and lathi-danda beating the complainant and others with the intention to kill them. He further submits that alleged offence is serious in nature and petitioners' involvement in the present crime cannot be ruled out. He further submits that earlier the co-accused Rama Shankar alias Rama Shankar Yadav and others have approached this Court challenging the impugned F.I.R. by filing Criminal Misc. Writ Petition No.1538 of 2022 which was dismissed with liberty to the petitioners to take recourse to the other remedy available to them under law, by a Co-ordinate Bench of this Court vie order dated 29.03.2022. He further submits that from a perusal of impugned F.I.R., cognizable offence is clearly made out against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioner, we are of the opinion that 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.
The petition lacks merit and is, accordingly, dismissed.
[Ajai Kumar Srivastava-I, J.] [Ramesh Sinha, J.]
Order Date :- 1.7.2022
Shubhankar
