Allahabad High Court
Radhey Shyam Yadav And 4 Others vs State Of U.P. And 3 Others on 26 August, 2020
Bench: Ramesh Sinha, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 8195 of 2020 Petitioner :- Radhey Shyam Yadav And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Singh,J.
Heard Sri Shambhavi Nandan, learned counsel for the petitioners and Sri Gaurav Pratap Singh, learned brief holder appearing for the State and perused the impugned F.I.R. as well as material brought on record.
By means of this petition, the petitioners has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 10.07.2020 registered as Case Crime No.211 of 2020, under sections 419, 420, 467, 468, 471, 504, 506, IPC, Police Station Kerakat, District Jaunpur, and also for direction to the respondents not to arrest the petitioners in the matter.
At the very outset the counsel for the petitioners submitted that the petitioner no.1 namely Radhey Shyam Yadav has already been arrested by the police in the present case, hence the present writ petitioner may dismissed as infructuous on behalf of petitioner no.1 only.
Accordingly the present writ petitioner is dismissed as infructuous on behalf of petitioner no.1.
Learned counsel for the petitioners further submitted that so far as the petitioner nos. 2 to 5 are concerned they are wife and daughters of petitioner no.1 and they have been falsely implicated in the present case only on account of the facts that they are family members of petitioner no.1. He further submitted that the allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner nos.2 to 5, namely, Munni Devi, Sudha, Sharadha, Jagiriti, shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent Court, but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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 concerned authority.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Ajit Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.8.2020 VKG