Allahabad High Court
Mukesh Singh Gautam vs State Of U.P. And 2 Others on 22 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 10263 of 2020 Petitioner :- Mukesh Singh Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kameshwar Singh Counsel for Respondent :- G.A,Babu Lal Ram,Samar Bahadur Saroj Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Kameshwar Singh, learned counsel for the petitioner, Sri Prabhash Pandey, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 15.8.2020, registered as Case Crime No.93 of 2020, under Sections 494, 506, 354(Ka), 471, 468, 467, 420, 323, 498-A of I.P.C., Police Station Kadaura, District Jalaun.
Learned counsel for the petitioner submits that the petitioner is maternal uncle of co-accused Prabhakar Singh Parihar @ Shailendra Singh with whom the marriage of respondent no.3 was solemnized on 8.6.2019 through Sadi.com as per Hindu rituals and after marriage some dispute arose between the husband and wife, on account of which the impugned F.I.R. has been lodged by respondent no.3 against her in-laws including the petitioner levelling absolutely false and frivolous allegations against them. He further submits that the petitioner was appointed on the post of Lekhpal in the year 2016 but he did not join on the said post and he is preparing for U.P. Public Service Commission competitive examination at Allahabad. The petitioner did not have any concern at the time of settlement of marriage of respondent no.3 with co-accused Prabhakar Singh. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that the F.I.R. discloses cognizable offence against the petitioner and there is serious allegation against the petitioner in the F.I.R. and the petitioner tried to outrage the modesty of respondent no.3.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
However, the petitioner is at liberty to move anticipatory bail application, if so desire.
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 oncerned 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.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 22.10.2020 NS