Allahabad High Court
Manju Yadav vs The State Of U.P. And 3 Others on 8 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4765 of 2020 Petitioner :- Manju Yadav Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Parmeshwar Yadav,Anil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon'ble The Chief Justice which is available on the official website of this Court.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 1.2.2020 alongwith stay of arrest in Case Crime No. 0086 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Handia, District Prayagraj.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioner(s).
It appears from the pleadings made in the present writ petition particularly para no. 24 that a writ petition filed by the petitioner being Writ-A No. 14557 of 2018 (Manju Yadav vs. State of U.P. and others) and another Writ-A No. 13785 of 2019 (Anil Kumar vs. State of U.P. and others) which are stated to be pending before this Court with respect to the dispute in question for which the impugned F.I.R. has been lodged. It further transpires that with identical allegations different F.I.Rs. were lodged against some other persons throughout the State relating to appointment of Assistant Teacher in Primary School and the degree certificate of B.Ed. issued by Dr. Bhim Rao Ambedkar University, Agra and some of the accused persons have challenged the F.I.Rs. registered against them before this Court being Criminal Misc. Writ Petition No. 14630 of 2019 (Ravita and another vs. State of U.P. and others), Criminal Misc. Writ Petition No. 24944 of 2019 (Laxmi Yadav vs. State of U.P. and others), Criminal Misc. Writ Petition No. 25683 of 2019 (Ajay Kumar Singh vs. State of U.P. and others), Criminal Misc. Writ Petition No. 2117 of 2020 (Rohit Malik vs. State of U.P. and others) and Criminal Misc. Writ Petition No. 3753 of 2020 (Sangeeta Singh vs. State of U.P. and others) in which co-ordinate Benches of this Court have stayed the arrest of the aforesaid accused persons till submission of report under Section 173(2) Cr.P.C. vide orders dated 28.5.2019, 10.12.2019, 16.12.2019, 12.2.2020 and 4.3.2020 respectively, copies of which have been annexed as annexure nos. 17, 18 and 19 to the writ petition. The petitioner is a lady having no criminal history as per para-57 of the petition, may be entitled to interim relief.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the writ petition, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No. 0086 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Handia, District Prayagraj till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has taken up the present matter and proceeded with it treating to be extremely urgent during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon'ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
With the aforesaid direction, this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner(s).
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 :- 8.4.2020 Naresh (Samit Gopal, J.) (Ramesh Sinha, J.)