Allahabad High Court
Syed Aslam Ali And Another vs State Of U.P. And 3 Others on 16 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4864 of 2020 Petitioner :- Syed Aslam Ali And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Bahadur,Anil Kumar Srivastava (Senior Adv.),Anil Kumar Verma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
By means of this petition, the petitioners, Syed Aslam Ali and Mohd. Azam (Syed Azam Ali) have prayed for quashing of the impugned FIR dated 08.03.2020 alongwith stay of arrest in Case Crime No. 96 of 2020 under sections 147, 323, 504, 332, 353 I.P.C., Police Station Nawabad, District Jhansi.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has placed before the Court a written objection received by E-mail from the learned Additional Government Advocate for the State, but no written objection whatsoever of the informant / complainant / aggrieved person with respect to the prayer of stay of arrest of the petitioner has been placed before the Court. The said written objection of the learned Additional Government Advocate is taken on record and considered by the Court.
After examining the impugned F.I.R and the pleadings made in the present petition, it transpires that the respondent no. 4 had visited the bakery of the petitioner for inspection under the Food Safety and Standards Act, 2006 and there arose some dispute between the parties which resulted in the form of an F.I.R and it is a case of no injury. The bakery has been sealed by the concerned team as stated in para 14 of the writ petition.
After having examined the pleadings made in the writ petition and perusing the impugned First Information Report, we are of the considered opinion that the petitioners shall not be arrested in Case Crime No. 96 of 2020 under sections 147, 323, 504, 332, 353 I.P.C., Police Station Nawabad, District Jhansi till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
With the aforesaid direction, this petition is finally disposed of.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has proceeded to take up the present matter during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon'ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
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.
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 :- 16.4.2020 AS Rathore (Samit Gopal, J.) (Ramesh Sinha, J.)