Allahabad High Court
Dileep Kumar Awasthi vs State Of U.P. Thru Prin. Secretary, ... on 14 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 7121 of 2021 Petitioner :- Dileep Kumar Awasthi Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors Counsel for Petitioner :- Pankaj Kumar Tripathi,Anand Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Anand Dubey, learned counsel for the petitioner and Shri S.P. Singh, learned A.G.A. for the State - respondent Nos. 1 to 3 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner - Dileep Kumar Awasthi with the prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. relating to Case Crime No.105 of 2014, under Sections 409, 420, 467, 468, 471, 477A, 120-B IPC and Section 13 (1) & 13 (2) Prevention of Corruption Act, Police Station Kotwali, District Sitapur. A further prayer has also been made for issuing a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner on the basis of impugned F.I.R. relating to Case Crime No.148 of 2014, under Sections 409, 420, 467, 468, 471, 477A, 120-B IPC and Section 13 (1) & 13 (2) Prevention of Corruption Act, Police Station Kotwali, District Sitapur.
Learned counsel for the petitioner submits that petitioner was the co-licencee of the liquor shop in question. The impugned F.I.R. has been lodged against the petitioner and other persons. The licencee of the liquor shop, namely, Smt. Geeta challenged the impugned F.I.R. in Misc. Bench No.1627 of 2021 (Smt. Geeta Vs. State of U.P. and others), wherein this Court has granted interim protection to her. Therefore, learned counsel for the petitioner states that since the petitioner is the co-licencee and co-accused in the F.I.R., he may also be granted similar relief as has been granted to co-accused Smt. Geeta in Misc. Bench No.1627 of 2021. The F.I.R. is of the year 2014 and no charge sheet has been submitted till date.
Learned A.G.A. could not dispute the aforesaid facts as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report under Section 173 (2) Cr.P.C., before the Magistrate concerned in accordance with law, expeditiously, preferably within a period of three weeks from the date of production of copy of this order.
The petitioner shall file a certified copy of this order within two weeks' from today before the SP/SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously, preferably within three weeks from the date of production of certified copy of this order.
With the aforesaid direction, this petition is finally disposed of.
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 :- 14.7.2021 ML/-
(Narendra Kumar Johari,J.) (Ramesh Sinha,J.)