Abhishek Srivastav v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. and Others

Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4849 of 2023 Petitioner :- Abhishek Srivastav Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And Others Counsel for Petitioner :- Shadab Haider Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard.

¶2The present petition has been filed seeking following reliefs: "(i) To issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 05.05.2023 of Case Crime No. 0066/2023, under Sections 419, 420, 467, 468, 47, 406 I.P.C., Police Station-Musafirkhana, District-Amethi, only in respect of the petitioner, in the interest of justice.

(ii) To issue a writ, order or direction in the nature of mandamus commanding the opp. parties concerned not to harass and arrest the petitioner in pursuance of the impugned First Information Report dated 05.05.2023 of Case Crime No. 0066/2023, under Sections 419, 420, 467, 468, 47, 406 I.P.C., Police Station-Musafirkhana, District-Amethi, only in respect of the petitioner, in the interest of justice."

¶2The contention of the petitioner's counsel is that the main role has been assigned to the main accused in the F.I.R. Mohd. Talib and regarding petitioner only general allegations have been made of connivance with Mohd. Talib.

¶3We have perused the F.I.R., we have been informed that the writ petition filed by Mohd. Talib challenging the impugned F.I.R. has already been dismissed. Apart from it, on a perusal of impugned F.I.R. and considering the allegations contained therein, it cannot be said that no cognizable offence is made out. Whether the petitioner is involved or not is a matter of investigation. As far as the stay of arrest is concerned, petitioner can avail other remedies as permissible in law such as under Section 438 of Cr.P.C.

¶4Accordingly, the present writ petition is dismissed. (Syed Qamar Hasan Rizvi, J.) (Rajan Roy, J.) Order Date :- 23.6.2023 Abhishek Gupta High Court of Judicature at Allahabad, Lucknow Bench