Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Sri Udai Bhan Pandey, learned counsel for the petitioner, Ms. Nand Prabha Shukla, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The instant writ petition has been filed by the petitioner- Akhand Pratap Singh with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 20.04.2021 lodged by opposite party no.4 as F.I.R. No. 0138/2021, under Sections 147, 148, 149, 307, 506, 504 I.P.C., Police Station Kurebhar, District Sultanpur with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents, not to arrest petitioner in pursuance of the aforesaid F.I.R.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that no recovery of any incriminating article has been made either at the pointing out of the applicant or from his possession. He further submits that petitioner has gone to cast his vote when the incident has taken place. He further submits that co-accused Shivam Singh & another have also approached this Court by way of Writ Petition No.12210 (M/B) of 2021, which was dismissed as withdrawn with liberty to take recourse to the remedy available under Section 438 Cr.P.C. by Co-ordinate Bench of this Court vide order dated 18.06.2021. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is named in the F.I.R. She further submits that alleged offence is serious in nature and petitioner's involvement in the present case cannot be ruled out. She further submits that impugned F.I.R. discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which discloses cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 29.7.2021 Shubhankar