Allahabad High Court
Vimlendra Singh And 2 Ors. vs State Of U.P. Thru Prin.Secy. Home ... on 1 July, 2021
Bench: Ramesh Sinha, Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 13367 of 2021 Petitioner :- Vimlendra Singh And 2 Ors. Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors. Counsel for Petitioner :- Pradeep Kumar Verma,Rakesh Chandra "Rastogi" Counsel for Respondent :- C.S.C. Hon'ble Ramesh Sinha,J.
Hon'ble Vikas Kunvar Srivastav,J.
The Court has convened through video conferencing.
Heard Sri R.C. Rastogi, learned counsel for the petitioners, Mrs. Smiti Sahay, learned AGA for the State-respondent nos. 1 to 3 and perused the impugned FIR as well as material brought on record.
The present writ petition has been filed by the petitioner seeking quashing of the impugned FIR dated 22.06.2021, FIR No. 213 of 2021, registered at Police Station Kamlapur, District Sitapur, under Sections 323/504/506 IPC & Sections 3(1)(D)/3(1)(Dh) of Scheduled Caste & Scheduled Tribes (prevention of atrocities) Act, lodged against the petitioners, by opposite party no. 4, with ill motive, enclosed as Annexure no. 1 to the writ petition.
It has been argued by learned counsel for the petitioner that the petitioner's wife was a rival candidate to the wife of private respondent no. 4 in the recently held election of Pradhan and the petitioner's wife lost the election by 3 votes and just as pressure tactics so that the petitioner many not initiate any proceeding against the wife of respondent no. 4, the impugned FIR has been lodged levelling bald allegations. He has submitted that there appears no allegation against the petitioners under the SC/ST Act as it transpires from the FIR and so far as the injuries are concerned, they are simple in nature as the FIR has been lodged under Section 323 IPC.
Issue notice to respondent no. 4. Steps be taken within two weeks.
Let counter affidavit be filed within four weeks by all the respondents after serving a copy to the same to the learned counsel for the petitioner, who may file rejoinder affidavit within two weeks thereafter.
List after six weeks.
Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier, the arrest of the petitioners, namely, Vimlendra Singh, Ankur Singh and Umesh Singh in FIR dated 22.06.2021, FIR No. 213 of 2021, registered at Police Station Kamlapur, District Sitapur, under Sections 323/504/506 IPC & Sections 3(1)(D)/3(1)(Dh) of Scheduled Caste & Scheduled Tribes (prevention of atrocities) Act, lodged against the petitioners, shall remain stayed, of course subject to the restraint that the petitioners will fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
The party shall file computer 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 :- 1.7.2021
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[Vikas Kunvar Srivastav,J.] [Ramesh Sinha,J.]