Allahabad High Court
Ambrish Kumar & Ors. vs State Of U.P. Thru Secretary Home & Ors. on 18 January, 2021
Bench: Ramesh Sinha, Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 1090 of 2021 Petitioner :- Ambrish Kumar & Ors. Respondent :- State Of U.P. Thru Secretary Home & Ors. Counsel for Petitioner :- Arvind Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Rajeev Singh,J.
Heard Shri Arvind Kumar Shukla, learned counsel for the petitioners and Shri Ganesh Gupta, brief holder for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. registered as case crime no.0005 of 2021 under Sections 147, 323, 504, 506, 332, 427 I.P.C., Police Station Ramgaon, District Bahraich.
It has been argued by learned counsel for the petitioners that the petitioners are the Pradhan of the village and the First Information Report has been lodged by the respondent no.4, who is posted as Head Master at Uchcha Prathmik Vidyalaya, Raghavjot and the petitioner no.1being the Village Pradhan had made some enquiry from the private respondent regarding mid day meal, etc. on account of which private respondent got annoyed and lodged the impugned First Information Report against the petitioners.
Learned counsel for the petitioners submits that for the offence in question, a departmental enquiry is underway and during the pendency of the said enquiry, the impugned F.I.R. has been lodged just for harassment of the petitioners on the application moved by respondent no. 4.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3.
Issue notice to respondent no. 4. Steps be taken within ten days.
Each of the respondent is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List after six weeks.
Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier, the arrest of the petitioners in case crime no.0005 of 2021 under Sections 147, 323, 504, 506, 332, 427 I.P.C., Police Station Ramgaon, District Bahraich 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.
It is made clear that if the petitioners do not take steps to serve notice to respondent no.4 within ten days from today, the interim protection granted above shall automatically stand vacated and this petition shall stand dismissed without further reference to any other Bench of this Court.
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.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 18.1.2021 Arnima