Allahabad High Court
Vivek Singh Rana Lekhpal vs State Of U.P. And 2 Others on 7 July, 2020
Bench: Pankaj Naqvi, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6373 of 2020 Petitioner :- Vivek Singh Rana Lekhpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Deepak Verma,J.
Learned AGA is unable to indicate as to whether a radiological report was prepared in the case of petitioner or not. We are not inclined to grant further time to the learned AGA.
Heard Sri Krishna Dutt Tiwari, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 16.5.2020, registered as FIR No.0129/2020, under Section 307 IPC, P.S. Civil Line, Rampur.
Learned counsel for the petitioner submits that petitioner is a Lekhpal as also was a member of committee which was distributing food, etc. to needy persons during lockdown, as the petitioner opposed the informant and other local leaders involved in illegal mining, the impugned FIR has been lodged on false and vexatious allegations, no offence is made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
The party shall file a computer generated copy of this 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 (s) (preferably Aadhar Card).
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.
Order Date :- 7.7.2020 Chandra