Dharam Singh And Another vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 26151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61650-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7322 of 2023
 

 
Petitioner :- Dharam Singh And Another
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Ajay Veer Singh,Abhinav Srivastava,Sharik Ahmad
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.

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

"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report (FIR) registered as of Case Crime No. 0334/2023, under Section 419 and 420 Indian Penal Code, at Police Station Sandila, District Hardoi, contained in Annexure No.1 to this writ petition, so far as it relates to the Petitioner;

II. Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondents not to harass the Petitioner in pursuance of the FIR registered as of Case Crime No. 0334/2023, under Section 419 and 420 Indian Penal Code, at Police Station Sandila, District Hardoi, as is contained in Annexure No.1 to this writ petition;"

3. It has been submitted by learned counsel for the petitioners that all the Sections invoked against the petitioners in the impugned F.I.R. carry the sentence of upto 7 years of imprisonment. Therefore, the petitioners are entitled to 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.

4. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by the Sub-Inspector of Police, Police Station- Sandila, District- Hardoi, wherein it has been stated that Charge Sheet has been prepared against seven named accused, namely, Charge Sheet No. 318 of 2023 on 05.09.2023 and has been sent to the Circle Officer- Sandila, District - Hardoi for onward submission to the Court concern.

5. The written instructions are taken on record.

6. Accordingly, we dispose of this petition with the direction to the petitioners to approach the Court concern.

Order Date :- 25.9.2023

Darpan Sharma