Allahabad High Court
Ram Vishal Shukla And 4 Others vs State Of U.P. And 3 Others on 17 February, 2023
Bench: Ramesh Sinha, Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 2128 of 2023 Petitioner :- Ram Vishal Shukla And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Tiwari Counsel for Respondent :- G.A.,Rakesh Dubey Hon'ble Ramesh Sinha,J.
Hon'ble Rajiv Gupta,J.
This petition seeks issuance of a writ in the nature of Certiorari quashing the impugned F.I.R. dated 07.01.2023 registered as F.I.R.No. 0008 of 2023, under Sections 420, 447, 384 I.P.C., Police Station Naubasta, District Kanpur Nagar.
Heard Shri Brijesh Tiwari, learned Counsel for the petitioners, Shri J.K. Upadhayay, learned Additional Government Advocate for the State/respondent no.1 and perused the impugned F.I.R. as well as material brought on record.
Shri Rakesh Dubey, learned Counsel for the respondent no.4 is not present.
Learned Counsel for the petitioners has submitted that the allegations levelled against the petitioners in the impugned F.I.R. that the petitioners have tried to help a society, namely, Bajrangpuri Ramleela Committee, to grab the land of the respondent no.4/complainant, is absolutely false and fabricated. He argued that Bajrangpuri Ramleela Committee, a society registered under the Societies Registration Act, is performing Ram Leela on the interest of public at large on the land in question, which is actually a park but some persons are trying to usurp the land in question for vested interest and as such, the aforesaid Committee has filed Public Interest Litigation No. 5179 of 2018 before this Court, which was disposed of by means of order dated 17.01.2019 with a direction to the competent authority to ensure that there is no encroachment or keeping or throwing garbage etc. in park and it should be maintained and cleaned in a proper manner so as to utilized as a park by people in general. He argued that as the aforesaid order dated 17.01.2019 has not been complied with, the aforesaid Committee filed Contempt Application (Civil) No. 1333 of 2022, wherein notice was issued. Thereafter, the respondent no.4 has lodged the impugned F.I.R. by asserting absolutely frivolous allegations against the petitioners. Hence the impugned F.I.R. is liable to be quashed.
Considering the facts and circumstances of the case, particularly the fact that there appears to be a land dispute between the parties and the matter relates to civil in nature, we are of the considered view that prima facie, a case for interim relief is made out.
Let counter affidavit be filed within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioners, Ram Vishal Shukla, Rudra Narayan Shukla, Rajeev Shukla alias Bade, Arjun Singh Bhadauriya, Rajendra Kumar Manjhi, in pursuance of the impugned FIR, shall remain stayed, of course subject to the restraint that they shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
(Rajiv Gupta , J.) (Ramesh Sinha, J.) Order Date :- 17.2.2023 Ajit/-