Allahabad High Court
Sarla Mishra & Ors. vs State Of U.P. Thru. Secy. Home,Lko.& ... on 30 June, 2021
Bench: Ramesh Sinha, Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 13278 of 2021 Petitioner :- Sarla Mishra & Ors. Respondent :- State Of U.P. Thru. Secy. Home,Lko.& Ors. Counsel for Petitioner :- Pankaj Kumar Tiwari,Ravinder Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Vikas Kunvar Srivastav,J.
The Court has convened through Video Conferencing.
Heard Shri Pankaj Kumar Tiwari, learned counsel for the petitioners and Ms. Meera Tripathi, learned AGA for the State-respondent nos. 1 to 4 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners directing the opposite parties not to arrest the petitioners and with a further prayer to quash the impugned FIR dated 12.06.2021 registered as Case Crime no.325 of 2021, under Sections 147, 149, 323, 504, 506, 336, 332, 353 IPC lodged at police station Thakur Ganj, District Lucknow by opposite party no.4.
Learned counsel for the petitioners argued that respondent no.4- Police personnel in connivance with the Builders is harassing the petitioners and creating a hindrance in the construction being carried out by the petitioners at their house, and thus, the impugned FIR has been lodged by respondent no.4 with a malafide intention only to harass the petitioners, thus the impugned FIR is liable to be quashed.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 4.
Issue notice to respondent no. 5.
List thereafter.
Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioners, namely, Sarla Mishra, Anuradha Mishra, Priyanka Mishra, Jay Mishra, Anchal Mishra, Shiv Kumar Mishra and Gyan Mishra in Case Crime no.325 of 2021, under Sections 147, 149, 323, 504, 506, 336, 332, 353 IPC lodged at police station Thakur Ganj, District Lucknow shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
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 concerned 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.
Order Date :- 30.6.2021 Arnima