Mohammad Ejaj Alias Amit Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Affairs, Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8202 of 2023 Petitioner :- Mohammad Ejaj Alias Amit Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Affairs, Lucknow And Others Counsel for Petitioner :- Onkar Singh Counsel for Respondent :- G.A.,Harendra Pratap Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the impugned FIR dated 22.4.2018 registered as Case Crime N. 248 of 2018 under Sections 419, 420, 467, 468, 471, 324, 376D, 385, 406, 506 IPC and 3(2)(V) SC/ST Act and 67(a) I.T. Act, P.S. Bakshi Ka Talab, District Lucknow and for a direction to the respondents not to arrest the petitioner pursuant to the impugned FIR. Learned AGA has produced before this Court a copy of the written instructions dated 23.11.2023 sent by Sri Shesh Mani Misra, Sub Inspector P.S. Bakshi Ka Talab, District Lucknow wherein it has been stated that on the basis of evidence collected during investigation, Section 324 IPC has been deleted and Section 120-B IPC has been added. Charge sheet no. 1 of 2019 has been submitted in Court against Arsad @ Guddu S/o Moin, Javed S/o Munnavar and Sagir Jamali S/o Mehboob Husain. The investigation is pending against other accused namely Amit @ Aijaj S/o of Late Sartaj, Imran @ Irfan, Aaftab and Taj Mohammad. This Court has perused the impugned FIR and finds no good ground to show interference as prayed for. Accordingly, the writ petition is dismissed. The said instructions are kept on record. Order Date :- 28.11.2023 AKK High Court of Judicature at Allahabad, Lucknow Bench