Vivek Prajapati vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23393 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56949-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6691 of 2023
 

 
Petitioner :- Vivek Prajapati
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others
 
Counsel for Petitioner :- Piyush Pathak
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents as well as Shri Surya Prakash Singh, Advocate who has filed his power on behalf of the informant-respondent no.5 and the same is taken on record.

This writ petition has been filed with the following main prayer(s):

"(1) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R./Case Crime No.0317 of 2023, under Sections 406, 420, 504, 506 I.P.C., P.S. Gazipur, District Lucknow along with the further prayer for commanding and directing the respondent nos.2 to 4 not to arrest the petitioner in connection with the impugned F.I.R."

It has been submitted by the learned counsel for the petitioner that all the sections invoked against the petitioner carry the sentence of up to 7 years of imprisonment and he is entitled for the benefit of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. It has further been submitted that the entire story as mentioned in the F.I.R. is false. The informant has sent a legal notice to the petitioner by saying that certain cheques, as had been given by the petitioner to the informant, had bounced but there is no mention at all of such story in the impugned F.I.R.

Learned A.G.A. has pointed out that there are serious allegations in the impugned F.I.R. against the petitioner and it has been told by the petitioner to the respondent no.5 and several other persons who were unemployed that he was in government job and could assign appointment letters for all of such unemployed youths. The petitioner has also shown the forged identity card in which his identity were mentioned as the Public Relation Officer in the office of The Chief Secretary, Government of U.P.

Accordingly, we dispose of this writ petition by giving the benefit to the petitioner of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

Order Date :- 25.8.2023

S. Shivhare