Sant Ram and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. -10 Case :-CRIMINAL MISC. WRIT PETITION No. -9605 of 2023 Petitioner :-Sant Ram And Others Respondent :-State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :-Anupesh Kumar,Sandeep Singh 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 A.G.A. for the State-respondents. This petition has been filed praying the following reliefs:-

(a) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information dated

14.11.2023, vide case crime no. 278 of 2023 under Section 323, 354, 504, 506IP.C., lodged at Police Station-Matera, District-Bahraich as contained in Annexure-1 to this writ petition.

(b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party not to harass, detain or prosecute the petitioner in pursuance of the impugned F.I.R. It has been submitted by the learned counsel for the petitioners that allegation of molestation of the daughter of the informant has been made on one of the accused-Ritesh Kumar Sonkar. The petitioner is completely innocent. This Court perused the F.I.R. from the same it is evident that Ritesh Kumar Sonkar, the main accused is the son of the petitioner no. 2. When the informant complained about the misdeeds of Ritesh Kumar Sonkar to the family members, then have threatened them for dire consequences and they also beaten up/assaulted them. The Court having perused the impugned F.I.R. finds that cognizable offence is made out , therefore there is no ground to show interference. The writ petition is, accordingly, dismissed. Order Date :- 19.12.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench