Allahabad High Court
Nilesh Kumar vs State Of U.P. And 3 Ors on 18 June, 2020
Bench: Ramesh Sinha, Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5849 of 2020 Petitioner :- Nilesh Kumar Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Jeetendra Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Jeetendra Kumar Sharma, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 12.5.2020 registered as Case Crime No. 219 of 2020, under Sections 188, 269, 270, 271, 147, 353, 332, 427, 335 I.P.C. and 7 Criminal Law (Amendment), 1932 and 54 Apda Prabandhan Adhiniyam, 2005, P.S. Ajitmal, District Auraiya.
Learned counsel for the petitioners submits that petitioner is a police constable and he was going to Agra for treatment of her minor daughter. In the way, he was intercepted by the police personnel and the impugned FIR has been lodged against 18 named persons including the petitioner as well as 28 unknown persons He further submits that 12 accused persons who were arrested on the spot have already been enlarged on bail.
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, nature of the allegations, it is directed that the petitioner, namely, Nilesh Kumar 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 he 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 petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.6.2020 A.K.Srivastava