Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16153 of 2020 Petitioner :- Salim And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- G.A.,Mukesh Joshi
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Heard Sri Rupendra Kumar Mishra, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 10.10.2020 in respect of Crime No. 417 of 2020 for the offence under Sections 500 I.P.C. and Section 67, 67A of Information Technology (Amendment) Act 2008, P.S. Kanth, District Moradabad.
Learned counsel for the petitioners submits there is no specific allegation against the petitioners and even if the entire FIR is taken as it is, no offence under Sections 500 I.P.C. and Section 67, 67A of Information Technology (Amendment) Act 2008 is not made out.
State counsel, on the other hand, submits that from the contents of FIR prima facie cognizable offence is made out against the petitioners and under no circumstances, the FIR can be quashed.
Considering the serious nature of allegations levelled against the petitioners and keeping in mind the law laid down by Supreme Court in the State of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433), we are not inclined to entertain the writ petition, the same is accordingly dismissed.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners along with 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 :- 5.1.2021 SK