Allahabad High Court
Mahendra Upadhyay vs State Of U.P. And 3 Others on 24 August, 2020
Bench: Ramesh Sinha, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 7749 of 2020 Petitioner :- Mahendra Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Pandey,Ram Mani Upadhyay Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Singh,J.
Learned counsel for the petitioner states that he could not file sworn affidavit and prays for exemption. The exemption application is allowed.
Heard Sri Ram Mani Upadhyay, learned counsel for the petitioner, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
By means of this petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 29.6.2020, registered as Case Crime No. 0105 of 2020, under sections 419, 420, 467, 468 and 471 IPC, P.S. Rudhauli, District Basti, not to arrest the petitioner and also not to take any coercive action against petitioner in pursuance of the aforesaid case.
Learned counsel for the petitioner submits that the petitioner had acted upon the report of Lekhpal and in pursuance of that, allotment of land was given to concerned persons but now the same is disputed alleging that the same was given to unauthorized persons, and, thereafter, departmental enquiry was conducted and he was reverted back to the post of Lekhpal from the post of Kanoongo. He submits that the petitioner has already been retired from the service on 30.6.2020. The allegations levelled against the petitioner are absolutely false, frivolous and baseless just for harassment, hence present FIR lodged against the petitioner is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Mahendra Upadhyay shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. , if any, before the competent Court, but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
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.
(Ajit Singh,J.) (Ramesh Sinha,J.) Order Date :- 24.8.2020 Tamang