Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 15659 of 2020 Petitioner :- Prempal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed on behalf of petitioner is taken on record.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner for quashing the impugned first information report dated 29.6.2020 registered as case crime no. 105 of 2020 under sections 419, 420, 467, 468, 471 I.P.C. police station Rudhauli District Basti with a further prayer not to arrest the petitioner in pursuance of the aforesaid first information report.
Learned counsel for the petition submits that petitioner is not named in the first information report. The F.I.R. was lodged against Mahendra Upadhyay (Revenue Inspector) who was lekhpal at the time of alleged incident. The name of petitioner came into light during investigation. Departmental enquiry was initiated against the petitioner but the same was dropped as the petitioner has no concern with the alleged incident. It has been further submitted that co-accused Mahendra Upadhyay has been granted interim relief by a co-ordinate bench of this court vide order dated 24.8.2020 in Cr.Misc. Writ Petition No. 7749 of 2020, therefore, petitioner is also entitled for same relief.
Learned A.G.A. opposed the prayer for quashing the first information report.
Considering the facts and circumstances of the case and keeping in view that the co -accused Mahendra Upadhyay has been granted interim relief, we are of the view that petitioner is also entitled for same relief, therefore, this writ petition is finally disposed of with the direction that petitioner shall not be arrested in the aforementioned case till submission of police report under section 173 (2) Cr.P.C. provided petitioner participates and cooperates with the investigation.
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 (s) (preferably Aadhar Card) mentioning the mobile number (s) 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 :- 7.1.2021 Gss