Allahabad High Court
Mangal @ Bhawani Shankar vs State Of U P And 3 Others on 21 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 9774 of 2020 Petitioner :- Mangal @ Bhawani Shankar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sheo Ram Singh,Kripa Shanker Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri K.S. Yadav, learned counsel for the petitioner, Km. Meena, 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 by the petitioner with a prayer to quash the F.I.R. dated 23.7.2020 registered as case crime no. 464 of 2020 under sections 420, 467, 468, 471 I.P.C., police station Shikohabad, District Firozabad.
Learned counsel for the petitioner submits that the father of the petitioner was Lekhpal. He is said to have done some manipulation in the allotment proceedings. He submits that the petitioner has been falsely implicated in the present case along with is father only on account of said relationship though he has no concern with the crime in question, hence the impugned F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Mangal @ Bhawani Shankar shall not be arrested in 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 case of the petitioner is distinguishable from the case of his father, namely, Shambhoo Dayal Gupta.
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.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 21.10.2020 Shiraz