Allahabad High Court
Gaurav Varshney And Another vs State Of U.P. And 2 Others on 8 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4744 of 2020 Petitioner :- Gaurav Varshney And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon'ble The Chief Justice which is available on the official website of this Court.
By means of this petition, the petitioners have prayed for quashing of the impugned FIR dated 8.2.2020 alongwith stay of arrest in Case Crime No.81 of 2020, under Sections 420, 467, 468, 471, I.P.C., Police Station Bannadevi, District Aligarh.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
An objection filed by the Government Advocate which has been received today, is taken on record.
It transpires from the averments made in paragraph no.1 of the writ petition that the present writ petition is the second writ petition filed by the petitioner as the petitioner has earlier filed Crl. Misc. Writ Petition No.3169 of 2020 (Manvendra Kumar and 19 Others Vs. State of U.P. and 2 Others) which was dismissed by a Coordinate Bench of this Court vide order dated 28.2.2020 giving liberty to file separate writ petition on behalf of each of the petitioners, hence, in view of the same it appears that the petitioner has filed the present second writ petition. It further transpires from the list of fresh cases that several other co-accused persons have approached this Court and challenged the different FIRs' registered against them throughout the State and some of the accused persons have challenged the F.I.Rs. registered against them before this Court being Criminal Misc. Writ Petition No. 14630 of 2019 (Ravita and another vs. State of U.P. and others), Criminal Misc. Writ Petition No. 24944 of 2019 (Laxmi Yadav vs. State of U.P. and others), Criminal Misc. Writ Petition No. 25683 of 2019 (Ajay Kumar Singh vs. State of U.P. and others), Criminal Misc. Writ Petition No. 2117 of 2020 (Rohit Malik vs. State of U.P. and others) and Criminal Misc. Writ Petition No. 3753 of 2020 (Sangeeta Singh vs. State of U.P. and others) in which co-ordinate Benches of this Court have stayed the arrest of the aforesaid accused persons till submission of report under Section 173(2) Cr.P.C. vide orders dated 28.5.2019, 10.12.2019, 16.12.2019, 12.2.2020 and 4.3.2020 respectively was disclosed in one of the petition filed by one of the accused person, namely Manju Yadav being Crl. Misc. Writ Petition No.4765 of 2020 (Manju Yadav Vs. State of U.P. and 3 Others) in which also this Court has stayed her arrest today itself.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the petition, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.81 of 2020, under Sections 420, 467, 468, 471, I.P.C., Police Station Bannadevi, District Aligarh till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
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 taken up the present matter and proceeded with it treating to be extremely urgent 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 petitioner (s).
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.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 8.4.2020/NS