Anil Kumar, Manish Mathur - (1.) Heard Sri Amol Kumar, learned counsel for the petitioner and Sri S.P. Singh, learned Additional Government Advocate.
(2.) The facts in brief as submitted by learned counsel for the petitioner are to the effect that a first information report dated 08.02.2020 has been lodged by opposite party no.4 bearing FIR/Case Crime no.0121 of 2020 under Sections 147, 148, 149, 323, 307, 354, 504, 506, 394, 452 I.P.C. at Police Station Madiyaon, District Lucknow. It is further submitted by learned counsel for petitioner that the said FIR had been challenged by petitioner earlier by filing Writ Petition No.4954(M/B) of 2020 in which the following order was passed on 20.02.2020: 'Heard learned counsel for the petitioner and learned A.G.A. for respondents No. 1 to 3. Issue notice to respondent No.4. By means of the present writ petition the petitioner has prayed for following main relief:- 'issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Informaiton Report dated 08.02.2020 having F.I.R No.0121/2020. U?S 147, 148, 149, 323, 307, 354, 504, 506, 394, 452 I.P.C, at Police Station-Madiyaon, District- Lucknow, annexed as Annexure No. 1 respectively.' Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that no specific role has been assigned to the petitioner; he was not present at the place of occurrence. It is further submitted that the petitioner is student of B.A.(Hons), second year, hence the false implication of the petitioner in the instant case will ruin his entire career. Learned counsel further submits that the impugned F.I.R. has been lodged only to harass the petitioner with ulterior motive. After hearing learned counsel for the parties and going through the record as well, as an interim measure, we provide that till the next date of listing or till the filing of police report, whichever is earlier, petitioner shall not be arrested in pursuance of the impugned F.I.R. However, the petitioner shall cooperate in the investigation and also in recovery of arms used in crime, if any. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter.'
(3.) Learned counsel for the petitioner further submits that thereafter the investigation in question is being conducted by Station House Officer, P.S. Madiyaon, District Lucknow opposite party no.3. It is further submitted by learned counsel for the petitioner that under the garb and influence of the complainant, opposite party no.3 is not conducting the investigation in a fair and proper manner, rather the investigation being conducted by him is merely an eyewash only in order to implicate the petitioner in the matter in question. In this regard reliance has been placed by learned counsel for the petitioner upon the averments made in paragraphs 5 and 6 of the petition, which reads as under : '5. That the police with ulterior motive is trying to indict the petitioner in the aforesaid Case Crime Number, without any iota of evidence against the petitioner and the said act of the police party/opposite parties would jeopardize the carrier of the petitioner and his future prospects which cannot be compensated afterwards. 6. That the police under the dictator of the complainant, who has personal vengeance and vendetta against the Petitioner, has been trying his level best to implicate the petitioner in the said F.I.R. and to bloat the future prospectus of the petitioner which otherwise seems to bright and prosperous.' ;