Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Mohammad Irfan Siddiqui, learned counsel for the petitioners, Ms. Nandprabha Shukla, learned AGA for the State/respondents no. 1 to 3 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners, Sani Singh alias Jubair Khan, Smt. Prerna Verma, seeking a writ of certiorari to quash the First Information Report dated 24.04.2021 registered as F.I.R. No.0224 of 2021, under Sections 366, 420, 467, 468, 471 I.P.C., police station P.G.I. District Lucknow East (Commissionarate Lucknow) and also issue a writ of mandamus directing the respondents to provide the protection to the petitioners in the impugned F.I.R..
It has been argued by the learned Counsel for the petitioner that the petitioner no.1-Sani Singh alias Jubair Khan has already been arrested by the police and presently, he is in jail in pursuance of the impugned F.I.R.
So far as petitioner no. 2-Smt. Prerna Verma is concerned, learned Counsel for the petitioners argued that the petitioner no.2 is a major girl as is evident from the High School Certificate contained in Annexure No. 7 to the writ petition and presently she is residing in the house of the petitioner no.1. He argued that the impugned F.I.R. has been lodged by the father of the petitioner no.2 making therein the bald and frivolous allegations against the petitioners, hence the impugned F.I.R. be quashed.
Learned AGA, on the other hand, opposed the prayer of the learned Counsel for the petitioner to quash the impugned F.I.R. and argued that since the petitioner no. 1 has been arrested and is in jail as on date, therefore, the present writ petition filed by the petitioner no.1 has become infructuous. So far as petitioner no.2 is concerned, as petitioner no.1 has been arrested, he is at liberty to take recourse as provided under law. Moreso, from perusal of the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioners, hence the writ petition is liable to be dismissed.
Having heard learned Counsel for the petitioners and learned AGA and considering the facts and circumstances of the case, particularly the fact that the petitioner no.1 has been arrested and is jail as on date and the other petitioners are having a remedy to take recourse as provided under law as the impugned F.I.R. discloses cognizable offence, we are not inclined to interfere in the matter under Article 226 of the Constitution of India.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 29.7.2021 Ajit/-