Allahabad High Court
Garima Kanchan vs State Of U.P.Through.Prin.Secy.Home & ... on 6 August, 2020
Bench: Anil Kumar, Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 6026 of 2020 Petitioner :- Garima Kanchan Respondent :- State Of U.P.Through.Prin.Secy.Home & Ors. Counsel for Petitioner :- Bal Keshwar Srivastava,Ipsha Mishra,Vivek Tiwari Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard Bal Keshwar Srivastava, learned counsel for the petitioner, Sri S.P. Singh, learned Additional Government Advocate for opposite parties and perused the record.
This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. with Crime No.0007 of 2018, dated 16.09.2018 under Sections 420, 467,468,34 I.P.C. read with 66 Information Technology (Amendment) Act,2008 in Police Station- Cyber Crime, District Lucknow.
Learned counsel for the petitioner submits that against the impugned F.I.R., Writ Petition No.6293 (MB) of 2020 ( Ashok Kumar Chaurasiya Vs. State of U.P. and others) has already been filed before this Court The same was disposed of vide order dated 03.03.2020 which reads as under:-
"Heard learned counsel for the petitioner and learned A.G.A. The instant writ petition has been filed with the following main prayer :-
"Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report registered as Crime No0007 of 2018 dated 16.09.2018, under Sections-420, 467, 468, 34 I.P.C. read with 66 Information Technology (Amendment) Act-2008 at Police Station-Cyber Crime, District-Lucknow."
Learned A.G.A. has placed the instructions before this Court today. The same is taken on record.
Learned A.G.A., on the basis of the instructions, has submitted that charge sheet has been forwarded to the concerned police authority and the same shall be filed before the court concerned within four weeks from today.
After hearing learned counsel for the parties, who are present today and going through the records, writ petition is disposed of with an observation that concerned police authority shall file the charge sheet before the concerned Court within a period of four weeks from today.
For a period of four weeks or till the filing of the charge sheet before the Court concerned, whichever is earlier, the petitioner shall not be arrested in pursuance of the impugned F.I.R."
Learned counsel for the petitioner on the basis of averments made in supplementary affidavit filed alongwith C.M. Application no.44123 of 2020 submits that in the matter in question initially after investigation charge-sheet has been submitted by the Investigating Officer to the court concerned. However, the court concerned has not accepted the charge-sheet and direct for further investigation on the ground that investigation is not done properly vide order dated 18.03.2020 as contained in annexure no.2 to the supplementary affidavit. Accordingly, the investigation is in progress.
It is further submitted by learned counsel for the petitioner that the case of the petitioner stands on same footing, so the same benefit may be given to the present petitioner also.
Learned Additional Government Advocate does not dispute the said facts.
After hearing learned counsel for the parties and going through the averments made in the supplementary affidavit filed on behalf of the petitioner, writ petition is disposed of with an observation that concerned police authority shall file police report under Section 173(2) Cr.P.C. before the concerned Court within a period of four weeks from today.
For a period of four weeks or till the filing of the charge sheet before the Court concerned, whichever is earlier, the petitioner shall not be arrested in pursuance of the impugned F.I.R.
(Sangeeta Chandra,J.) (Anil Kumar,J.) Order Date :- 6.8.2020 dk/