Allahabad High Court
Kamlendra Vikram Singh vs State Of U.P. Thru. Its Secy. Deptt. Of ... on 27 June, 2022
Bench: Ramesh Sinha, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4159 of 2022 Petitioner :- Kamlendra Vikram Singh Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Home, Affairs Civil Secrtt. Lko. And Others Counsel for Petitioner :- Akhilesh Pratap Singh,Himanshu Vikram Singh Counsel for Respondent :- G.A.,Vineet Kumar Chaurasia Hon'ble Ramesh Sinha,J.
Hon'ble Jaspreet Singh,J.
Heard Shri Akhilesh Pratap Singh, learned counsel for the petitioner, Shri Vineet Kumar Chaurasia, learned counsel for the respondent No.4 and the learned A.G.A., for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner, seeking issuance of a writ in the nature of certiorari quashing impugned F.I.R. dated 21.05.2022 registered as Case Crime No.213 of 2022, under Sections 335, 504, 506, 427, 436 IPC, Police Station Atruala, District Hardoi with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner has argued that the allegation levelled in the impugned FIR are that the petitioner and one unknown person compelled the opposite party no. 4 to open the grocery shop in the night of 18.05.2022 at 11:00 PM and when he refused to open the shop, the petitioner had abused and ran away after threatening the complainant. He further argued that the dispute between the parties with regard to business transactions which is purely civil in nature but the opposite party no. 4 lodged the impugned FIR with malafide intention and with baseless allegations.
Learned AGA opposed the prayer for quashing of the F.I.R and states that the impugned F.I.R. discloses cognizable offence against the petitioner. The allegations in the impugned F.I.R., are specific against the petitioner, therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner and the matter requires thorough investigation, we are not inclined to interfere in the matter.
Accordingly, the present writ petition is dismissed.
(Jaspreet Singh, Ramesh Sinha, J.) Order Date :- 27.6.2022 Asheesh/Rakesh