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Shivam Singh vs State Of U.P. Thru Prin. Secy. … on 9 July, 2021

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?Court No. – 9

Case :- MISC. BENCH No. – 10090 of 2021

Petitioner :- Shivam Singh

Respondent :- State Of U.P. Thru Prin. Secy. Home, Lko. Ors.

Counsel for Petitioner :- Pankaj Kumar Shukla,Vivek Pandey

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Narendra Kumar Johari,J.

The Court has convened through Video Conferencing.

Heard Shri Pankaj Kumar Shukla, learned counsel for the petitioner and Ms. Meera Tripathi, learned AGA for the State-respondents 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 F.I.R. dated 20.03.2021 lodged as F.I.R./Case Crime No.0056 of 2021, under Sections 419, 420, 380, 411, 413 of I.P.C. at police station Paraspur, District Gonda with a further prayer to stay the arrest of the petitioner.

Learned counsel for the petitioner has argued that the petitioner is neither named in the F.I.R. nor he has committed any offence as alleged in the impugned F.I.R., only vague allegation has been made against the petitioner, thus, the present impugned FIR has been lodged by respondent no.4 against the petitioner just for harassment and with oblique motive, hence the present impugned FIR is liable to be quashed.

Learned AGA opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned FIR. She further stated that the impugned F.I.R. has been lodged under Sections 419, 420, 380, 411, 413 of I.P.C. in which the allegation regarding theft of eight batteries from B.S.N.L. tower, has been made against the petitioner while, the petitioner has wrongly been prayed for quashing of FIR under section 406 I.P.C., therefore, the present writ petition is liable to be dismissed.

After having examined the submissions advanced by learned counsel for the parties and perusing the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner and accordingly, the present writ petition is 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.

Order Date :- 9.7.2021




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