Ritesh Chandra Mishra @ Sonu ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 18982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48687-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5359 of 2023
 

 
Petitioner :- Ritesh Chandra Mishra @ Sonu Mishra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Of U.P. Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Himanshu Kumar Srivastava
 
Counsel for Respondent :- G.A.,Manoj Kumar Mishra,Utkarsh Misra
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

This petition has been filed with the following main prayers:-

"i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned FIR lodged by the opp. party no.3 on 05-03-2023 at Case Crime No. 0127 of 2023, U/S. 354-Ka, 506, 507 IPC, 67 a of Information Technology (amendment) Act 2008 and 7/8 Pocso Act, Police station Shushant Golf City District- Lucknow south (commissionrate Lucknow), contained in Annexure No.1 to this writ petition; and

ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the opp. parties no.1 and 2 to not to take any action against the petitioner in connection to the impugned FIR lodged by the opp. party no.3 on 05-03-2023 at Case Crime no. 0127 of 2023, U/S. 354-Ka, 506, 507 IPC, 67 a of Information Technology (amendment) Act 2008 and 7/8 Pocso Act, Police station Shushant Golf City District- Lucknow south (commissionrate Lucknow), contained in Annexure No.1 to this writ petition."

This Court had directed the learned A.G.A. to seek instructions in the matter with regard to the ownership of several mobile numbers, which have been mentioned in the impugned F.I.R.

The learned A.G.A. has produced the copy of instructions dated 25.07.2023 sent by the Sub-Inspector, Police Station Sushant Golf City, District Lucknow wherein it has come out that at the instance of the informant, investigation was transferred from Lucknow to Police Station Bachhrawan, Raebareli. At Police Station Bachhrawan, Raebareli, it was registered under a different number and investigation was being carried out. Charge sheet was also prepared. Thereafter, the informant again applied to the higher authorities for transfer of investigation. As a result, the investigation has been transferred to Police Station Sushant Golf City, Lucknow. It has been registered under a different number and is being investigated upon by the Sub-Inspector concerned. The call details and ownership of the mobile numbers as mentioned in the F.I.R. were found on one of the mobiles number 9936859961 has been found to be owned by one Krishna Chandra Mishra, who died but his son Ritesh Chandra Mishra @ Sonu Mishra, the petitioner herein, now owned the said mobile and he is a friend of the main accused and the main accused had used his phone to call the victim. The Sub-Inspector of Police, in his instructions, has stated that as per the investigation that has been carried out till date, the petitioner, Ritesh Chandra Mishra @ Sonu Mishra is not found to be directly involved in the commission of crime although he has been been found to be an accused in Case Crime No.1019 of 2019, Case Crime No.1053 of 2019 and Case Crime No.0909 of 2021 under various sections of the I.P.C. and under the Gangsters Act.

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

(A.K. Srivastava-I, J.) (Sangeeta Chandra, J.)

Order Date :- 25.7.2023

cks/-