Mohammad Kaifi Ahmad Alias Kaif vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 16358 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36116-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3946 of 2023
 

 
Petitioner :- Mohammad Kaifi Ahmad Alias Kaif
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And Others
 
Counsel for Petitioner :- Mohammad Abbas Zaidi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard Shri Mohammad Abbas Zaidi, learned counsel for the petitioner, Shri Badrul Hasan, learned A.G.A. for the State/respondent Nos.1 to 3 and Shri Manish Soni, who has filed Vakalatnama on behalf of respondent No.4 and perused the record.

The present writ petition has been filed by the petitioner with the following main prayers :

"(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report dated 29.12.2021, lodged at Police Station Gudamba, District Lucknow registered at Case Crime No.532/2021 under Sections 406, 420, 467, 468, 504, 506 IPC, contained in Annexure no.1.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party No.4 not to arrest the petitioner or adopt any coercive method in connection with impugned First Information Report dated 20.12.2021, lodged at Police Station Gudamba, District Lucknow registered at Case Crime No.532/2021, under Sections 406, 420, 467, 468, 504, 506 I.P.C., contained in Annexure No.1 during the pendency of this writ petition."

Learned counsel for the petitioner submits that he is entitled for the benefit of the judgment rendered in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

However, learned A.G.A. on the basis of instructions and on the basis of charge sheet filed against some co-accused by the Investigating Officer, a copy of which has been filed as Annexure No.1 to the writ petition, states that Sections 467, 468 I.P.C. have been added as is evident from the charge sheet itself. Some of the co-accused persons have also been arrested. However, the Investigation is still going on against the petitioner.

Learned A.G.A. has also opposed the prayer for quashing of the F.I.R. and submitted that from a perusal of F.I.R. cognizable offence is made out against the petitioner.

This Court has perused the F.I.R. and the charge sheet that has been filed against some of the accused persons and finds that there is no good ground to show interference in the matter.

The petition is, accordingly, dismissed.

Order Date :- 23.5.2023

ML/-