Allahabad High Court
Rita Devi @ Rita Singh And Another vs State Of Up And 3 Others on 14 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:86635-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7243 of 2024 Petitioner :- Rita Devi @ Rita Singh And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Lallan Prasad Singh,Sumant Rai Counsel for Respondent :- G.A. Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
Heard learned counsel for the petitioners, Sri Atal Bihari Tripathi, learned counsel for respondent no.4; learned A.G.A. for the State-respondents and perused the record.
The writ petition has been filed praying for quashing the F.I.R. dated 16.4.2024 giving rise to Case Crime No. 64 of 2024, under Sections 147, 148, 149, 323, 504, 506, 307, 452, 427 I.P.C., Police Station- Mail, District- Deoria.
There is direct allegation against petitioner no.2, Ashutosh @ Ashutosh Pratap Singh, of committing the alleged offences.
Learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case. The present prosecution has been instituted with a malafide intention for the purpose of causing harassment.
So far as the petitioner no. 2, namely, Ashutosh @ Ashutosh Pratap Singh, is concerned following order is being passed:-
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioner no.2 at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Article 226 of the Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the FIR on behalf of petitioner no.2 in the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioner no.2 appears and surrenders before the court below within 60 days from today and applies for bail/anticipatory bail, their prayer for bail/anticipatory bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. With the aforesaid directions, this writ petition is dismissed on behalf of petitioner no.2.
However, in case, the petitioner no.2 does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the petitioner no.2 will not be granted any further time by this Court for surrendering before the court below as directed above.
So far as the petitioner no. 1, namely, Rita Devi @ Rita Singh, is concerned following order is being passed:-
this writ petition is disposed of on behalf of petitioner no.1 directing that till submission of police report under Section 173(2) Cr.P.C., the respondents are restrained from arresting the petitioner no.1 pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 14.5.2024 Ruchi Agrahari (Surendra Singh-I,J.) (Siddharth, J.)