Shivam Goswami And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Shivam Goswami And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 2 February, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:10083-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 776 of 2024
 

 
Petitioner :- Shivam Goswami And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Mohan Lal Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.
 

Hon'ble Ajai Kumar Srivastava-I,J.

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

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

"i) Issue a writ, order or direction in the nature of certiorari thereby quashing impugned first information report dated 08.01.2024 in case crime no.0013 of 2024, under Sections 323, 354kha, 308 and 506 I.P.C., Police Station Asandra, District Barabanki.

ii) Issue a writ, order or direction in the nature of mandamus thereby commanding to the opposite parties not to arrest the petitioners in case crime no.0013 of 2024, under Sections 323, 354 kha, 308 and 506 I.P.C., Police Station Asandra, District Barabanki during the pendency of the writ petition."

It has been submitted by learned counsel for the petitioners that all the sections invoked against the petitioners carry a punishment of upto seven years and therefore, they are entitled to benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

This Court has perused the F.I.R. which shows a cognizable offence to be made out. The description of offence committed by the petitioner is graphic in nature. Therefore, this Court finds no good ground to show interference at the stage of quashing of the impugned F.I.R.

Accordingly, the writ petition is dismissed.

Order Date :- 2.2.2024

Mahesh