- (1.) Heard Shri Brijesh Sahai, learned counsel for the petitioner and Shri Vikas Sahai, learned AGA for the State.
(2.) By means of present petition, under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs; I. To issue a writ, order or direction in the nature of certiorari quashing the FIR dated 6.9.2015 lodged by respondent no.4 in case crime no.260/2015, u/s 364A, 395, 412, 342 and 120B IPC P.s. Kotwali, District Allahabad and the order dated 21.12.2015. II. To issue any other writ, order or directions which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case. III. To award cost of the petition.
(3.) Necessary facts leading to present petition are that one Rahul Mahendra S/o late Sri Omkarnath Mahendra, R/o 10A, Aokland Road, P.S. Kotwali, District Allahabad lodged First Information Report with averments that his younger brother Pankaj Mahendra after closing his business at Pratishthan M/s Bhagatram Jai Narain, 45, Jawahar Square, Police Station Kotwali, Allahabad generally used to return back at above residence in between 7.30 to 7.35 P.M. On 5.9.2015, when he did not reach at home and his Cell Phone No.9415289628 was found switched off, then a suspicion arose about his missing in mysterious circumstances. Next day, i.e., on 6.09.2015 on information of the informant, First Information Report No.0193 was registered at Case Crime No.260 of 2015, under Section 364A, 120B IPC at Police Station Kotwali, District Allahabad against unknown persons for offences punishable under Section 364A, 120B IPC. As his Car No.UP 70VD-1000 was found near Lord Hanuman Temple at Sangam, Allahabad and it was apprehended that he has been kidnapped for ransom, therefore, a police team was constituted and kidnapped Pankaj Mahendra was recovered from the custody of Vikal Srivastava alias Golu, Mahendra Yadav, Sacchinand Yadav and Chandra Mohan Yadav alias Bablu. They have been charge-sheeted for offences punishable uunder Sections 364A, 120B, 342, 395, 412 IPC and Bholu alias Bholu Yadav, Arun Singh Chauhan, Kartike Pandey alias Guddu Pandey and Bablu Srivastava alias Om Prakash were suspected of hatching conspiracy and against above accused persons the investigation is still going on, as per statement of Sri Vikas Sahai, AGA for State. The Investigating Officer has obtained 'B' warrant against the petitioner on 21.12.2015 from the Chief Judicial Magistrate, Allahabad.;