Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1691 of 2020 Petitioner :- Layak Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Dubey,Amit Singh Counsel for Respondent :- G.A.,Rakesh Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners, Sri Rakesh Kuamr Srivastava, learned counsel for the complainant and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 21.11.2019 in Case Crime no. 1103 of 2019, under Sections 406, 420 IPC, P.S. Kasna, District Gautam Budh Nagar as well as prayer for issuing direction to the respondents not to arrest the petitioners in pursuance of the impugned first information report."
Matter was taken up on 4.2.2020. On the said date following interim order was accorded in favour of the petitioners:-
"Learned counsel for the petitioners, on instructions, states that the petitioners are ready and willing to negotiate a mutually acceptable settlement, provided he is granted some reasonable time to ensure a deposit of at least Rs.5 lacs by way of demand draft in favour of respondent no.3, to which Sri Rakesh Kumar Srivastava, learned counsel for the informant has no objection.
Put up as fresh on 17.2.2020, showing the name of Sri Rakesh Kumar Srivastava as counsel for the informant.
Till then, no coercive measures shall be taken against the petitioners in connection with Case Crime No.1103/2019, under Sections 406/420 IPC, P.S. Kasna, Gautam Budh Nagar."
Finally, report of Mediation Centre is submitted wherein mediation completed, no agreement arrived between the parties vide order dated 3.9.2021.
We are of the considered opinion that perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to invoke remedy, as available, before the competent court as permissible under law and in accordance with 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 persons (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 :- 29.9.2021 Dhirendra/