Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7903 of 2021 Petitioner :- Deva @ Devdutt Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed with the prayer to quash the impugned First Information Report dated 11.03.2021 in Case Crime no.185/2021 under Section 387, 504, 506, 147 IPC, P.S. Kotwali Orai, District Jalaun.
Learned counsel for the petitioner states that as a counter-blast to the complaint moved by the petitioner against the mother of the complainant, the First Information Report has been lodged and as such, the same is unsustainable in the light of the dictum of Hon'ble Apex Court in the case of M/s Eicher Tractor Ltd. and others vs. Harihar Singh and another, Criminal Appeal no.1755 of 2008, 2009 1 Crimes(SC) 144.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence and as such no case is made out for interference with the impugned first information report.
Confronted with this situation, learned counsel for the petitioner states that the petitioner wants to withdraw the writ petition with liberty to avail the remedy as available in law.
Consequently, the writ petition is dismissed leaving it open for the petitioner to invoke the remedy as available in law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2021 A. Pandey