Allahabad High Court
Ram Kripal vs State Of ... on 2 August, 2021
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 16453 of 2021 Petitioner :- Ram Kripal Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors. Counsel for Petitioner :- Ram Ji Trivedi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Ram Ji Trivedi, learned counsel for the petitioner, Sri S.P. Singh, learned A.G.A. for the State/respondent nos.1, 2 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Ram Kripal with a prayer to issue a writ, order or direction in the nature of certioari quashing of the impugned F.I.R. dated 18.02.2021 and general diary details dated 29.05.2021 registered as F.I.R. No.072/2021, under Sections 379, 34, 411, 120-B I.P.C., Police Station Lonar, District Hardoi with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to not to arrest the petitioner in pursuance of the aforesaid F.I.R.
Learned counsel for petitioner submits that petitioner is working as Junior Engineer under the supervision of Superintendent Engineer at Madhyanchal Vidyut Vitaran Nigam Ltd. (MVVNL), Hardoi. The said fact is mentioned as paragraph 12 to the writ petition. He further submits that the transformer in question was found to be installed at another place. He next submits that the serial number of the transformer has not been mentioned in the F.I.R. as well as in the general diary, therefore, the present F.I.R. appears to be a false one. He further submits that the petitioner is also not named in the F.I.R. He further submits that the petitioner has already been granted short-term bail. The said fact is mentioned as paragraph 9 to the writ petition. He further submits that the petitioner is in service and if no interim protection shall be granted by this Court, he would be suspended. He further submits that the impugned F.I.R. has been lodged after an unexplained delay of about one month. He further submits that the offence(s) allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41 and Section 41-A of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 but in the present case, the investigating officer has not complied the same.
Lastly, the submission of learned counsel for petitioner is that impugned F.I.R. has been lodged against the petitioner just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the impugned F.I.R. and submitted that at the instance of the petitioner, the transformer in question was recovered and it is apparent from the material on record and the impugned F.I.R. that the petitioner was involved in the theft of the 25 K.V. Transformer in question. He further submits that the impugned F.I.R. discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., gravity of offence and also considering that as per impugned F.I.R., cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
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.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 2.8.2021 Shubhankar