Allahabad High Court
Mohd. Saleem And Another vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 4 August, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5518 of 2022 Petitioner :- Mohd. Saleem And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Police And Others Counsel for Petitioner :- Shashi Saurabh Tiwari Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Shashi Saurabh Tiwari, learned counsel for the petitioners and Sri Pawan Mishra, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record. This writ petition has been filed by the petitioners praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report registered as F.I.R. No. 0175 of 2022, under Sections 419, 420, 467, 468, 147, 323, 504, 506 IPC, Police Station Utraula, District Balrampur.
(ii) Issue a writ, order or direction in the nature of mandamus thereby commanding to the opposite parties not to arrest the petitioners in aforesaid crime number during the pendency of this writ petition."
Learned counsel for the petitioners argued that the petitioners are innocent and they have falsely been implicated in the present case. He further submitted that there is a land dispute between the parties, on account of which, impugned F.I.R. has been lodged by the opposite party no. 4 against the petitioners just for harassment of the petitioners with oblique motive, hence the present FIR is liable to be quashed. Considering the facts and circumstances of the case, prima facie, a case for interim relief is made out. The matter requires consideration by this Court.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3.
Issue notice to opposite party no. 4.
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 the submission of police report under Section 173(2) Cr.P.C., if any before the competent Court, whichever is earlier, the arrest of the petitioners- Mohd. Saleem & Shakeena in pursuance of the impugned FIR 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. (Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 4.8.2022 Arun