Hon'ble Rajeev Singh,J.
The matter has been convened by the Court through video conferencing.
Heard Shri Ishan Baghel, learned counsel for the petitioner, Shri S.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner namely Kunwar Bahadur Singh, seeking quashing of the First Information Report No.0104 of 2021, under Section 166 I.P.C., Police Station Kadipur, District Sultanpur, with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned A.G.A. has submitted that due to mistake, the impugned F.I.R. has been registered under Section 166 I.P.C. against the petitioner, but the said mistake has been rectified and he has also filed an affidavit for the same which is available on record. He further submitted that in para 10 of the said affidavit, clarification has been given in relation to the aforesaid mistake, which is quoted here and below:-
"That for clarification of the Notice issued by the learned Judicial Magistrate, Court No.23, Sultanpur, the deponent has respectfully submitted an application before the court on 21.03.2021 and clarified that the said offence has been registered on NCR No.6 of 2021, under Section 166 I.P.C., which has been by mistake registered F.I.R. No.104 of 2021 in Police Station Kadipur, District Sultanpur. The said application of the deponent has been duly submitted by the Prosecuting Officer and thereafter, the same has been taken on record by the Court of learned Magistrate, at Sultanpur. The Photostat copy of the Application dated 21.03.2021 is being annexed as Annexure No.SCA-6 to this Short Counter Affidavit."
In view of the same, we direct that the matter shall be proceeded against the petitioner on the non cognizable report in accordance with law.
With the above directions, the petition stands disposed of.
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.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 7.4.2021 S. Shivhare