Allahabad High Court
Gunja Soni vs State Of U.P. Thru. Prin. Secy. ... on 22 October, 2020
Bench: Ritu Raj Awasthi, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 18427 of 2020 Petitioner :- Gunja Soni Respondent :- State Of U.P. Thru. Prin. Secy. Home,Lko. & Ors. Counsel for Petitioner :- Onkar Pandey,Prakash Chandra Baranwal Counsel for Respondent :- G.A. Hon'ble Ritu Raj Awasthi,J.
Hon'ble Mrs. Saroj Yadav,J.
1. Heard learned counsel for the petitioner, learned Additional Government Advocate for the State and perused the record.
2. The petition seeks issuance of a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 11.08.2020 which has been registered as Case Crime No. 0299 of 2020, under Sections 147, 34, 452, 323, 336, 504, 506, 326, 188, 269 I.P.C., Section 56 of Disaster Management Act and Section 3 of Epidemic Diseases Act, Police Station Akhand Nagar, District Sultanpur.
3. We have heard learned counsel for the parties and gone through the records.
4. From perusal of the impugned F.I.R., it appears that specific allegations of acid attack has been made against the petitioner and one another person. As per the F.I.R. version, there is an enmity between the petitioner's side and the complainant over the property as such on the basis of the allegations made therein, a prima facie cognizable offence is made out against the petitioner. Therefore, the relief as claimed by the petitioner in the present petition cannot be granted under Article 226 of the Constitution of India. (See: State of Harayana and others Vs. Bhajan Lal and others, AIR 1992 SC 604; State of Bihar and another Vs. Md. Khalique and another, 2002 (1) SCC 652 and Girish Kumar Suneja Vs. Central Bureau of Investigation, (2017) 14 SCC 809.
5. In the result, writ petition lacks merit and is dismissed.
Order Date :- 22.10.2020 A.K. Singh