Hon'ble Mrs. Saroj Yadav,J.
Order on Recall Application No. 85224 of 2021 Heard Sri Dinesh Kumar, learned counsel for applicant and Ms. Nand Prabha Shukla, learned AGA appearing for the State and perused the record. This is an application praying for recall of the order dated 22.07.2021 passed by this Court, by which the present writ petition was dismissed for want of prosecution. Cause shown in the recall application is sufficient.
Application is allowed.
The order dated 22.07.2021 is hereby recalled and the writ petition is restored to its original number. Order Date :- 17.8.2021 Arun .
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Court No. - 9 Case :- MISC. BENCH No. - 15248 of 2021 Petitioner :- Suraj Kumar Respondent :- State Of U.P. Thru. Secy. Home,Lko.& Ors.
Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Dinesh Kumar, learned counsel for applicant and Ms. Nand Prabha Shukla, learned AGA appearing for the State and perused the record. The present writ petition has been filed by the petitioner to quash the impugned F.I.R. dated 29.06.2021 lodged by opposite party no.4 as FIR No. 218 of 2021, under Sections 354, 323, 504 IPC and Section 7/8 of Protection of Children From Sexual Offences Act, Police Station Asandra, District Barabanki, with a further prayer to stay the arrest of the petitioner. Learned counsel for the petitioners has argued that no such incidence has ever occurred as alleged in the impugned FIR and the respondent no.4 lodged the present impugned FIR against the petitioner levelling false and frivolous allegations just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed. Learned AGA opposed the prayer for quashing of the First Information Report and submitted that a cognizable offence is made out against the petitioner as per the impugned FIR, and therefore, the present writ petition be dismissed. After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner. The petition lacks merit and is, accordingly, dismissed.
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. Order Date :- 17.8.2021 Arun