Suneel Singh Rana Alias Jay Singh Rana v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9495 of 2023 Petitioner :- Suneel Singh Rana Alias Jay Singh Rana Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Anil Kumar Nishad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner and learned AGA for State-respondents. The present writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the first information report dated 11.02.2023 at Case Crime No.0049 of 2023 under Sections 452, 354, 323, 504, 506 IPC and added section 376 IPC at Police Station Sahbad, District Hardoi and with a further prayer to stay the arrest of the petitioner. Learned counsel for the petitioner states that there is no evidence collected by the Investigating Officer and Section 376 IPC has been added during the course of investigation. There is continuing enmity between the petitioner's family and that of the opposite party no.6. Learned AGA has pointed out Annexure no.9 to the writ petition wherein the Circle Officer, Shahbad has submitted a report to the Superintendent of Police, Hardoi on a complaint being made by the informant. In the said report it has come out that investigation against Suneel Singh Rana is going on under Sections 452, 354, 323, 504, 506, 376 IPC and against remaining two accused investigation is going on under Sections 452, 354, 323, 504, 506 IPC. It has also been stated in the said report that a prayer has been made to the Magistrate concerned who has initiated proceedings under Section 82 Cr.P.C. Non bailable warrant was issued on 04.08.2023 and thereafter order was issued on 13.09.2023 under Section 82 Cr.P.C. The accused petitioner continues to be absconding. This Court has perused the impugned FIR and the pleadings on record including the Annexure no.9 and find that cognizable offence is being made out hence finds no good ground to show interference as prayed in this petition. The Writ Petition is, accordingly, dismissed. Order Date :- 15.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench