Allahabad High Court
Akhilesh @ Akhalesh Kumar And 5 Others vs State Of U.P. And 3 Others on 19 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 10362 of 2020 Petitioner :- Akhilesh @ Akhalesh Kumar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jeetendra Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Jeetendra Kumar Sharma, learned counsel for the petitioners, Mrs. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 12.05.2020 registered as Case Crime no. 219 of 2020, under Sections 188, 269, 270, 271, 147, 353, 332, 427, 335 I.P.C. & Section 7 of Criminal Law (Amendment) Act, 1932 and Section 51 of Apda Prabandahan Adhiniyam, 2005, Police Station Ajitmal, District Auraiya.
It has been submitted by the learned counsel for the petitioners that the co-accused, Nilesh Kumar has been granted protection by this Court vide order dated 18.06.2020 passed in Criminal Misc. Writ Petition No. 5849 of 2020. Hence, the petitioners may also be granted the same relief. It is further submitted that the petitioner no. 5 is the wife of Nilesh Kumar and the others are villagers. The petitioner are said to have no criminal history as stated in para 17 of the writ petition.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners namely, Akhilesh @ Akhalesh Kumar, Sunil Kumar, Shivendra @ Guddan, Manish Kumar, Vinita and Anarkali, shall not be arrested in 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 computed 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.
Order Date :- 19.10.2020 AS Rathore