Dharm Narayan Mishra and Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9672 of 2023 Petitioner :- Dharm Narayan Mishra And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioners, learned A.G.A. for the State Respondents and Sri Vijay Kumar Tripathi, Advocate who has filed his power on behalf of the opposite party no. 4, which is taken on record.

¶2This writ petition has been filed with the following main prayer:- "i. Issue a Writ, order or direction in the nature of Certiorari quashing the impugned FIR dated 11/12/2023 lodged by the Respondent No. 4 bearing FIR No. 411/ 2023, U/Ss. 34, 308, 323, 504, 506, 427 IPC, P.S. Lambhua, District-Sultanpur, as contained in Annexure-1 to this Writ Petition. ii. Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities not to arrest the Petitioners on the basis of the impugned FIR dated 11/12/2023 bearing FIR No. 411/ 2023, U/Ss. 34, 308, 323, 504, 506, 427 IPC, P.S. Lambhua, District-Sultanpur. iii. Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities to comply with directions of Hon'ble Supreme Court in case of Arnesh Kumar vs State of Bihar, 2014 (8) SCC 273."

¶3It has been submitted by learned counsel for the petitioners that all the Sections invoked against the petitioners in the impugned F.I.R. carry the sentence of upto 7 years of imprisonment and therefore the petitioners are entitled for the benefit of the judgement rendered by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

¶4Sri Vijay Kumar Tripathi, learned counsel for the opposite party no.4 has produced before this Court Injury Report/Medico Legal Examination Report of the victim which shows Bone Deep Injury on the Right Temporal Region 10Cm. above from Right Ear and one Bone Deep Injury on the Left Side of Temporal Region and at least four other injuries.

¶5This Court finds from perusal of the F.I.R. that the cognizable offence is made out against the petitioner, therefore, this Court does not find any good ground to show interference in the impugned F.I.R.

¶6The writ petition stands dismissed. Order Date :- 20.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench