Allahabad High Court
Lokendra Singh vs State Of U.P. And 2 Others on 11 May, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:103165-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 5790 of 2023 Petitioner :- Lokendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ankit Srivastava Counsel for Respondent :- G.A.,Swati Agrawal Srivastava Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Samir Sharma, learned Senior Counsel assisted by Sri Ankit Srivastava, learned counsels for the petitioner, Sri Uday Karan Saxena, learned Senior Counsel assisted by Smt. Swati Agrawal Srivastava, learned counsels for the informant and Sri Ratan Singh, learned A.G.A. for the State-respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 12.07.2022 registered as Case Crime No. 321 of 2022, under Sections 498-A, 323, 504, 506, 377, 307 I.P.C., Police Station- Sadar Bazar, District- Agra. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. At the very outset before arguing the matter on merits, learned Senior Counsel for the petitioner submitted that in view of paragraph no. 22 of the judgement of Hon'ble Apex Court in the case of Shilpa Sailesh Vs. Varun Sreenivasan passed in Transfer Petition (Civil) No. 1118 of 2014 decided on 01.05.2023, one more attempt should be made before the mediation centre for settling the dispute peacefully.
4. Replying to the same, learned Senior Counsel appearing for the informant submitted that there is no possibility of any further mediation as mediation has already been failed in the present case.
5. Therefore, we proceed to hear the matter on merits.
6. Learned counsel for the informant submitted that anticipatory bail filed by the petitioner has already been rejected by this Court vide order dated 28.03.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 11001 of 2022. The aforesaid order is quoted as hereunder :
"Heard learned counsel for the applicant, learned counsel for opposite party No.2, learned A.G.A for the State and perused the record.
The instant Anticipatory Bail Application has been filed by the applicant with a prayer to grant an anticipatory bail to the applicant in Case Crime No.321 of 2022, under sections 498-A, 323, 504, 506, 377, 307 I.P.C, Police Station Sadar Bazar, District Agra.
Facts in brief are that the applicant is Army personnel and was wedded to Smt. Reena, opposite party No.2, informant in the year 2012 and a child was born in the year 2014 with the wedlock. From the very out set, the applicant treated the informant with cruelty but she always tolerated the act of her husband to continue the relation of husband and wife keeping in view the welfare of child. The applicant also committed unnatural offence with the informant. He also caused injury on the person of the informant. When the situation became intolerable, she lodged the present F.I.R against the applicant and other members of his family on 12.7.2022.
Learned counsel for the applicant submits that he is innocent and committed no offence. He was subjected to cruelty by the informant herself that was the reason he filed a divorce petition on 22.4.2022 and when notices were served on the informant she lodged the present F.I.R against him with false allegation. It is also submitted that no any kind of injury was found on the person of the informant but she always tried to harass the applicant who is Lieutenant in the Army. It is also submitted that the applicant never committed unnatural offence with the informant and no any such medical report is on record to corroborate the aforesaid allegation. It is also submitted that the informant was suffering from disease which the applicant got treated but no any injury was caused by him even on the ear of the informant. The allegation regarding making attempt to cause her death by pressing her neck is false. Further submitted that the matter was referred to the mediation for amicable settlement but it could not be settled. It is also submitted that the informant in connivance with the wife of younger brother of the applicant has also instigated her to file a false complaint against the present applicant and other members of his family. It is also submitted that there were two addresses of the informant regarding which amendment was made in her address then notice was sent against her by the court concerned. Since the investigation is going on and the applicant is under apprehension of arrest by the police, so request for anticipatory bail.
Learned A.G.A as well as learned counsel for opposite party No.2 opposed the aforesaid prayer and urged that in this case the informant was the wife of the applicant who was living with him and there was a child about 8 years of age also living with the informant. The applicant always treated with cruelty to the informant and also established unnatural relation with her by causing injury on her anus. The injuries were also caused on her person as a result hearing power of her ear was also lessened regarding which there are medical report on record which have been filed through counter affidavit. It is also urged that even in military hospital her injuries were examined in which it was found that those were on account of domestic violence. It also shows that the applicant treated her with cruelty and she was living with him alone. The allegation that after receiving notice in divorce petition she lodged the present F.I.R is false. In divorce case notice was sent on 14.9.2022 by the learned court concerned whereas the present F.I.R was lodged on 22.4.2022. Filing of the divorce petition shows ill intention of the applicant regarding threat to his wife. It is also urged that the mediation failed between both the parties on account of strained relations between both of them. It cannot be said that no offence is made out against the applicant. Therefore, he is not entitled for anticipatory bail.
On considering the facts and circumstances of the case, submissions made by the learned counsel for the applicant, learned counsel for the opposite party as well as learned A.G.A for the State and perusal of record along with injury reports regarding injuries found on the person of the informant and in view of the totality of circumstances, there appears no ground for anticipatory bail, hence the anticipatory bail application of the applicant is hereby rejected."
7. Learned counsel for the petitioner has sought to argue the matter on merits. After some arguments, he fairly submits that the arguments that are being raised in the present petition are covered under the judgement/order dated 28.03.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 11001 of 2022 and all possible arguments in reply thereto have also been considered.
8. In such view of the matter, we do not find any good ground to interfere in the impugned first information report which clearly disclose a cognizable offence.
9. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
10. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 11.5.2023 KS