Allahabad High Court
Siddhartha Tiwari And Others vs State Of U.P. Thru. Prin. Secy. ... on 3 May, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2881 of 2023
Petitioner :- Siddhartha Tiwari And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others
Counsel for Petitioner :- Mohd. Shamshad Khan
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Mohd. Shamshad Khan, learned counsel for the petitioners, Shri Arun Kumar Pandey, learned A.G.A. for the State/respondents and perused the material placed on record.
Learned A.G.A. has submitted instructions dated 19.04.2023 sent by Sub Inspector, Police Station - Naka Hindola, Commissionerate, Lucknow are kept on record.
This writ petition has been filed by the petitioners with the following main prayers :-
"(I) Issue a writ, order or direction in the nature of Certiorari for quashing the first information report at FIR/Case Crime No.0002/2023, under Section 147, 452, 323, 504, 506, 380 IPC, at Police Station - Naka Hindola, Lucknow, dated 04.01.2023 lodged by the opposite party No.4 against the petitioners, in the interest of justice.
(II) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly for compliance of provision of section 41 and 41-A of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 in relation to First Information Report dated 04.01.2023 lodged by opposite party no.4 in Case Crime No.0002/2023 under Section 147, 452, 323, 504, 506, 380 IPC, at Police - Naka Hindola, Lucknow, contained as Annexure No.1 to the writ petition so far it relates to the petitioners."
Vide order dated 17.04.2023, learned A.G.A. was directed to seek instructions in the matter. Learned A.G.A. has produced instructions dated 19.04.2023 sent by Sub Inspector, Police Station Naka Hindola, Commissionerate, Lucknow wherein it has been submitted that two other criminal cases, namely, Case Crime No.46 of 2022, under Sections 323, 504, 506, 406 IPC at Police Station-Naka Hindola and Case Crime No.154/2022 under Section 354Kha, 504 IPC at Police Station Naka Hindola are said to have been lodged at Police Station Naka Hindola against petitioner No.1 and petitioner No.3.
It has been submitted by learned counsel for the petitioners that petitioners are relatives of opposite party No.4 who is the widow of late Surendra Tiwari, the brother of petitioner No.2. Civil litigation with regard to a Will made out by late Vishwanath Tiwari is going on between the parties, as a result whereof the impugned F.I.R. has been lodged by the informant only to harass the petitioners.
This Court has perused the instructions sent from the Police Station concerned, where it has been submitted that the investigation is still going on against six named accused persons in the impugned F.I.R. in Case Crime No.002/2023.
Learned counsel for the petitioners after arguing at some length says that all the sections invoked against the petitioners carry a punishment of less than 07 years and, therefore, the petitioners are entitled to be given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
We have gone through the impugned First Information report and we are of the opinion that the case of the petitioners is fully covered with the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
Accordingly, the instant petition also stands disposed of in view of the judgments cited above.
Order Date :- 3.5.2023
ML/-
