IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

**********
INDEX
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2019
(Under Article 226 of the Constitution of India)
DISTRICT : GORAKHPUR
Akash Kumar @ Sonu ------------Petitioner
Versus
State of U.P. and others ------------Respondents
Sl. Particulars Dates Ann Pgs.
1. Dates and Events
2. Stay Application (U/S
151 of C.P.C
3. Writ Petition(U/A 226 of
the Constitution of
India)
4. 1
5. 2
6. 3
7. Affidavit
8. Vakalatnama

Dated /2019

(AZAD KHAN)
Advocate
Counsel for the Petitioner
Chamber No.56-B New building
High Court, Allahabad
Advocate Roll A/A-0186/2016
Mob:-8601584916

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

**********
DATES AND EVENTS
IN
 CRIMINAL MISC. WRIT PETITION NO. OF 2019
(Under Article 226 of the Constitution of India)

DISTRICT : GORAKHPUR
Akash Kumar @ Sonu ------------Petitioner
Versus
State of U.P. and others ------------Respondents
Sl. Dates Events
1. 20.04.2019 By means of the present writ
petition, the petitioner is challenging
the impugned First information
report dated 20.04.2019 registered as
Case Crime No.0078 of 2019 under section
354, 354Ka, 354Ga, 506 I.P.C. and
section10 POCSO Act, 2012, Police
Station-Sikariganj, District- Gorakhpur.
2. The brief facts of the case are such that
the first informant lodged the first
information report dated 12.10.2018 at
about 20:55 P.M. in Police-Thane RCF
(Mumbai) as the matter was pertaining to
District-Gorakhpur, U.P. hence the
Mumbai police forwarded that complaint
in the concern police station-Sikariganj,
District-Gorakhpur on 20.04.2019. As per
the version of the F.I.R. complaint alleged
that he is 40 years age and involved in
vegetables business lives in Chembur,
Mumbai. Informant stated that he has
four daughters (i) Shivangi aged about 13
years (ii) Sony aged about 9 year (iii)
Khushi aged about 6 year (iv) Shubhangi
 aged about 3 year who also lives with the
informant in Chembur, Mumbai.
3. As per the allegation as alleged that last
year Scuffle took place with his wife and
her wife use to desert her family and
remains outside and never care for the
family, therefore in February, 2018
informant carried her elder brother
Shivangi in the family of his elder brother
Shravan in Gorakhpur and kept her
daughter in the family of Shravan Kumar.
As per the version of informant in the
family of elder brother Shravan Kumar,
mother of informant Chandrawati aged
about 55 years wife of Shravan Kumar
Seeta Devi aged 40 years and two son of
Shravan Kumar namely Akash Kumar @
Sonu aged about 22 year and Vikas aged
about 20 years also lived jointly.
4. 18.01.2018 As per the statement of first informant on
18.01.2018 at about 08.00 P.M. Arti
Gupta (sister in law) of informant called
him on Mobile and said that daughter
Shivangi is being molested by petitioner
(Akash Kumar @ Sonu) since last five
months, listening this fact informant
immediately came to the Gorakhpur and
asked about the incident from his
daughter Shivangi then her daughter
Shivangi narrated that petitioner in the
night use to kiss her and use to lie on her
body. Detail facts is evidence from F.I.R.
5. 10.09.2017 The aforesaid allegations are false and the
petitioner is falsely implicated background
behind the false implication is that
grandmother of the petitioner Smt.
Chandrawati wife of Late Ramji, who lives
with the petitioner prepared will in which
she stated that earlier she has given
requisite share to the informant on
10.09.2017 by registered will but
informant carried his family to the
Bombay and never took care of the
Chandrawati and also gave mental torture
to Smt. Chandrawati, therefore being
unhappy Smt. Chandrawati cancelled her
earlier will dated 10.09.2017 and Smt.
Chandrawati once again prepared another
registered will dated 14.02.2017 in which
she bequeathed her entire property
(movable and immovable) in favour of the
mother of the petitioner and petitioner
himself.
6. 01.02.2019 On account of this development of will the
first informant openly threaten the
petitioner from Mumbai on 01.02.2019 by
his Mobile No.9768772783 on the Mobile
No.7897830505 in which he specifically
said that “Dushamani Mahangi Padegi”
and several other threatening comments
regarding the property dispute. The
petitioner has the aforesaid recording of
the informant which petitioner can
produced before the court if Hon’ble Court
 permit so.
7 23.09.2018 On account of the bequeathment the
informant angrily came to the house of the
petitioner on 21.09.2018 along with his
elder brother Vinod and entered house
breakingly into the house and beaten the
mother of the petitioner and torn here
dress and abused her in a very filthy
language. The petitioner gave written
complaint of this incident in the police
station-Mahila Thana, Gorakhpur on
23.09.2018 stating the entire incident
committed by the informant.
8 In the counter blast of this aforesaid
incident the first informant very
shamefully used her elder daughter
Shivangi and lodged this false report in
Mumbai. It is evident itself that incident
was totally false and concoctous therefore
it was lodged in Mumbai because if this
report would have been lodged in
Gorakhpur then nobody would have
supported this false report.
9 Hence this writ petition.

Dated /2019

(AZAD KHAN)
Advocate
Counsel for the Petitioner
Chamber No.56-B New building
High Court, Allahabad
Advocate Roll A/A-0186/2016
 Mob:-8601584916

In Case Crime No.0078 of 2019

under section 354, 354Ka,
354Ga, 506 I.P.C. and section10
POCSO Act, 2012, Police Station-
Sikariganj, District- Gorakhpur.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

********
CRIMINAL MISC. STAY APPLICATION NO. OF 2019
(Under Chapter XXII Rule 1 of High Court, Rules)
On behalf of --Petitioner
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2019
(Under Article 226 of Constitution of India)
DISTRICT : GORAKHPUR
Akash Kumar @ Sonu son of Shravan Gupta, R/o
Mahadeva Bazar, Sikariganj, District-Gorakhpur, U.P.
---------------Petitioner
Versus
1. State of U.P. through its Secretary Home Govt. of
U.P. Lucknow.
2. Senior Superintendent of Police, District
Gorakhpur.
3. Station Officer, Police Station Sikariganj, District
Gorakhpur.
 4. Sanjay Kumar Gupta son of Ramji Gupta,
Permanent Address- Mahadeva Bazar, Sikariganj,
District-Gorakhpur, U.P., Presently residing at
318 BND-3 Dhan Laxmi, Mahada Colony,
Bashinaka, Chambur, Mumbai Gramin Thane,
Maharasthra, Bharat.
------Respondents
To,
The Hon’ble the Chief Justice and hi s other
companion Judges of the aforesaid Court.
The humble application on behalf of the above
named petitioner most respectfully Showeth as
under:-

1. That for the facts , circumstances and

reasons stated in the accompanying writ

petition, Annexures and Affidavit filed

therewith, it is desirable in the interest of

Justice that this Hon’ble court may be

pleased to stay the arrest of the petitioner in

pursuance of F.I.R. dated 20.04.2019 registered as

Case Crime No.0078 of 2019 under section 354,

354Ka, 354Ga, 506 I.P.C. and section-10 POCSO

Act, 2012, Police Station-Sikariganj, District-

Gorakhpur, during the pendency of the

present writ petition, or pass such order or

direction as this Hon’ble court may deem fit

 and proper under the facts and

circumstances of the case.

P R A Y E R
It is, therefore, Most Respectfully prayed

that this Hon’ble Court may graciously be

pleased to stay the arrest of the petitioner in

pursuance of F.I.R. dated 20.04.2019 registered as

Case Crime No.0078 of 2019 under section 354,

354Ka, 354Ga, 506 I.P.C. and section-10 POCSO

Act, 2012, Police Station-Sikariganj, District-

Gorakhpur, during the pendency of the

present writ petition, or pass such order or

direction as this Hon’ble court may deem fit

and proper under the facts and

circumstances of the case.

Dated /2019

(AZAD KHAN)
Advocate
Counsel for the Petitioner
Chamber No.56-B New building
High Court, Allahabad
Advocate Roll A/A-0186/2016
Mob:-8601584916
 In Case Crime No.0078 of 2019
under section 354, 354Ka,
354Ga, 506 I.P.C. and section10
POCSO Act, 2012, Police Station-
Sikariganj, District- Gorakhpur.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

********

CRIMINAL MISC. WRIT PETITION NO. OF 2019

(Under Article 226 of Constitution of India)
DISTRICT : GORAKHPUR
Akash Kumar @ Sonu son of Shravan Gupta, R/o
Mahadeva Bazar, Sikariganj, District-Gorakhpur, U.P.
---------------Petitioner
Versus
1. State of U.P. through its Secretary Home Govt. of
U.P. Lucknow.
2. Senior Superintendent of Police, District
Gorakhpur.
3. Station Officer, Police Station Sikariganj, District
Gorakhpur.
 4. Sanjay Kumar Gupta son of Ramji Gupta,
Permanent Address- Mahadeva Bazar, Sikariganj,
District-Gorakhpur, U.P., Presently residing at
318 BND-3 Dhan Laxmi, Mahada Colony,
Bashinaka, Chambur, Mumbai Gramin Thane,
Maharasthra, Bharat.
------Respondents
To,
The Hon’ble the Chief Justice and his other
companion Judges of the aforesaid Court.

The humble petition of the above named

petitioner most respectfully Showeth as under: -

1. That this is the first writ petition on behalf of the

petitioner is being filed before this Hon’ble Court

against the impugned F.I.R. dated 20.04.2019

registered as Case Crime No.0078 of 2019 under

section 354, 354Ka, 354Ga, 506 I.P.C. and

section10 POCSO Act, 2012, Police Station-

Sikariganj, District- Gorakhpur, and no other writ

petition has been filed by the petitioner or pending

in the instant matter either before this Hon’ble

Court or its Lucknow Bench.

2. That no caveat application has been served

upon the petitioner by any respondents till

date in the instant matter.

3. That by means of the present writ petition,

the petitioner is challenging the impugned

First information report dated 20.04.2019

registered as Case Crime No.0078 of 2019 under

section 354, 354Ka, 354Ga, 506 I.P.C. and

section10 POCSO Act, 2012, Police Station-

Sikariganj, District- Gorakhpur.

4. That the brief facts of the case are such that the

first informant lodged the first information report

dated 12.10.2018 at about 20:55 P.M. in Police-

Thane RCF (Mumbai) as the matter was pertaining

to District-Gorakhpur, U.P. hence the Mumbai

police forwarded that complaint in the concern

police station-Sikariganj, District-Gorakhpur on

20.04.2019. As per the version of the F.I.R.

complainant alleged that he is 40 years age and

involved in selling vegetables, lives in Chembur,

Mumbai. Informant stated that he has four

daughters namely (i) Shivangi aged about 13 years

(ii) Sony aged about 9 year (iii) Khushi aged about 6

year (iv) Shubhangi aged about 3 year who also lives

with the informant in Chembur, Mumbai. As per the

statement of complainant that last year Scuffle took

place between complainant and with his wife. His

wife use to desert her family and remains outside

and never care for the family, therefore in February,

2018 informant carried her elder daughter Shivangi

in the family of his elder brother Shravan in

Mahadeva Bazar, Gorakhpur and kept her daughter

in the family of Shravan Kumar. As per the version

of informant in the family of elder brother Shravan

Kumar, mother of informant Chandrawati aged

about 55 years wife of Shravan Kumar Seeta Devi

aged 40 years and two son of Shravan Kumar

namely Akash Kumar @ Sonu aged about 22 year

and Vikas aged about 20 years also lived jointly. As

per the statement of first informant on 18.01.2018

at about 08.00 P.M. Arti Gupta (sister in law) of

informant called him on Mobile and said that

daughter Shivangi is being molested by petitioner

(Akash Kumar @ Sonu) since last five months,

listening this fact informant immediately came to

the Gorakhpur and asked about the incident from

his daughter Shivangi then her daughter Shivangi

narrated that petitioner used to kiss her and lie on

her body in the night. Detail facts are evident from

F.I.R. A true/certified copy of F.I.R. dated

 20.04.2019 is being filed herewith and marked as

Annexure No.1 to this writ petition.

5. That the investigating officer let out the completion

of the statement of the victim U/s 164 Cr.P.C dated

---------- in which she reiterated the prosecution

story with inflation. A true/certified copy of the

statement of victim U/s 164 Cr.P.C dated -------- is

being filed herewith and marked as Annexure No.2

to this affidavit.

6. That the aforesaid allegations are false, malicious

and concocted and the petitioner is falsely

implicated in this case. The motive behind the false

implication of the petitioner in this case was

triggered by the fact that grandmother of the

petitioner Smt. Chandrawati wife of Late sh. Ramji,

who lives with the petitioner earlier prepared a

registerd will in favour of complainant Sanjay Gupta

on 10.09.2017. After the registration of will,

complainant and his wife started to mistreat and

misbehave smt. Chandravati devi (mother of

complainant) and used to abuse her late husband

shri Ramji. Anguished by the complainant ill

treatment and mental torture smt. Chandrawati

devi cancelled her earlier will dated 10.09.2017 and

 prepared another registered will dated 14.02.2017

where she bequeathed her entire property (movable

and immovable) in favour of the mother of the

petitioner and petitioner himself. A true/photo copy

of the registered will dated 14.02.2017 is being filed

herewith and marked as Annexure No.3 to this writ

petition.

7. That on account of this development of will in

favour of the petitioner and mother of petitioner

infuriated the first informant to the extent that he

along with his one brother named Vinod kumar s/o

late shri Ramji, angrily came to the house of the

petitioner on 24.09.2018 and entered breakingly

into the house and beaten mercilessly to the mother

of the petitioner, torn her dress and abused her in a

very filthy language. The mother of petitioner gave

written complaint of this incident in the police

station-Mahila Thana, Gorakhpur on 24.09.2018

stating the entire incident committed by the

informant. A true/photo copy of the complaint

dated 24.09.2018 in Mahila Thana, Gorakhpur is

being filed herewith and marked as Annexure No.4

to this writ petition.

8. That once the complaint was registered at mahila

thana and police started to look after him, he fled

from Gorakhpur to Mumbai. The complainant by

his Mobile No.9768772783 threatens the petitioner

on the Mobile No.7897830505 from Mumbai on

01.02.2019 in which he specifically said that

“Dushamani Mahangi Padegi” and several other

threatening comments regarding the property

dispute. The petitioner has the aforesaid recording

of the informant which petitioner can produced

before the court if Hon’ble Court permit so.

9. That as per the complain in police station R.C.F.

Mumbai, it is alleged that informant himself

prepared the medical of the victim on 11.10.2018

which is not acceptable as per the medico legal

examination as the medico legal examination of the

victim is always conducted at the instance of the

concern police station accompanied by any lady

constable or any constable which is not so in this

case thus the medical of Mumbai after the delay of

ten months cannot be accepted.

10. That in the counter blast of this aforesaid incident

the first informant very shamefully used her elder

daughter Shivangi and lodged this false report in

 Mumbai. It is evident itself that incident was totally

false, malicious and concoctous therefore it was

lodged in Mumbai because if this report would have

been lodged in Gorakhpur then nobody would have

supported this false report.

11. That the aforesaid allegations are nothing but a

sham and spearhead to pressurize the petitioner

family to withdraw criminal complaint against the

complainant and include the first informant

unnecessarily in the property of the grandmother

Smt. Chandrawati.

12. That the petitioner is innocent and has been falsely

implicated in criminal case because of property

dispute and has no concern with the aforesaid

incident.

13. That there is unnecessarily delay of about one year

in lodging the first information report.

14. That in pursuance of the above said first

information report lodged as Case Crime No.0078 of

2019 under section 354, 354Ka, 354Ga, 506 I.P.C.

and section10 POCSO Act, 2012, Police Station-

Sikariganj, District- Gorakhpur, the police of police

station Sikariganj is trying to arrest the petitioner

 and they are harassing and torturing to the

petitioner.

15. That the investigation in F.I.R. dated 20.04.2019

registered as Case Crime No.0078 of 2019 under

section 354, 354Ka, 354Ga, 506 I.P.C. and

section10 POCSO Act, 2012, Police Station-

Sikariganj, District- Gorakhpur, is still pending and

police has not submitted charge sheet or final report

in the present case.

16. That there is no any criminal history of the

petitioner till date and they were never involved in

any criminal case except the impugned F.I.R.

17. That in view of the facts and circumstances

stated in the accompanying writ petition,

Annexures, it is expedient in the interest of

Justice that the arrest of the petitioner be

stayed in Case Crime No.0078 of 2019 under

section 354, 354Ka, 354Ga, 506 I.P.C. and

section10 POCSO Act, 2012, Police Station-

Sikariganj, District- Gorakhpur, during the

pendency of the present writ petition, or pass

such order or direction as this Hon’ble court

may deem fit and proper under the facts and

circumstances of the case.

18. That the petitioner has no other alternative

efficacious and speedy remedy except to

invoke the extra-ordinary jurisdiction of this

Hon’ble Court under Article 226 of the

Constitution of India. This writ petition is

being filed inter-alia, on the following

amongst other.

G R O U N D S

A. Because,

PRAYER

It is, therefore, Most Respectfully prayed that

this Hon’ble Court may graciously be pleased to:-
(i) Issue a writ order or direction in the nature of
certiorari to quash the impugned F.I.R. dated
20.04.2019 registered as Case Crime No.0078 of
2019 under section 354, 354Ka, 354Ga, 506
I.P.C. and section10 POCSO Act, 2012, Police
Station-Sikariganj, District- Gorakhpur.
(Annexure No.1 to this writ petition).
(ii) Issue a writ order or direction in the
nature of mandamus directing and
commanding the respondents for not to
harass the petitioner.
(iii) Issue such other and further orders which
this Hon’ble Court deem fit and proper
under the facts and circumstances of the
case.
(iv) Award the cost of the writ to petitioner.
Dated /2019

(AZAD KHAN)
Advocate
Counsel for the Petitioner
Chamber No.56-B New building
High Court, Allahabad
Advocate Roll A/A-0186/2016
Mob:-8601584916

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

**********

ANNEXURE NO.

IN

CRIMINAL MISC. WRIT PETITION NO. OF 2019

(Under Article 226 of the Constitution of India)

DISTRICT : GORAKHPUR
Akash Kumar @ Sonu ------------Petitioner
Versus
State of U.P. and others ------------Respondents

===================
 ---------------

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

********
AFFIDAVIT
IN
CRIMINAL MISC. WRIT PETITION NO. OF 2019
(Under Article 226 of the Constitution of India)

DISTRICT : GORAKHPUR
Akash Kumar @ Sonu ------------Petitioner
Versus
State of U.P. and others ------------Respondents

Affidavit of Muinuddin aged

about 26 years son of Yakub,
R/o H.No.-3 Mohalla
Miyanpura, Rath, Rath,
Hamirpur.
Religion- Islam

Occupation- Student

(Deponent )
 I, the deponent above named do hereby solemnly affirm
and state on oath as under:-
1. That the deponent is the sole petitioner in the above noted
writ petition, and as such he is fully acquainted with the
facts deposed to below in the accompanying writ petition.

I, the deponent above named do hereby verify that the

contents of paragraph nos. 1 of this affidavit and
contents of paragraph nos. -------------------------------------
------------------------------------- of the accompanying writ
petition are true to my personal knowledge; that contents
of paragraph nos.-------------------------------------------------
-----------------------of the accompanying writ petition are
true and based on perusal of records; those contents of
paragraph nos. ---------------------------------------------- of
the accompanying writ petition are based on information
received; and those contents of paragraph nos. ------------
--------------------- of the accompanying writ petition are
true and based on legal advice; which all I believe to be
true that no part of it is false and nothing material has
been concealed in it.

So help me God.

DEPONENT
I, Azad Khan, Advocate, High Court, Allahabad,
do hereby declare that the aforesaid person making this
affidavit and alleging himself to be deponent who is
known from the perusal of documents/papers which
produce by him before me in this case.

Advocate
 Solemnly affirmed before me on this April,
2019 at about A.M/P.M by the deponent at
Allahabad, who has been identified by the
aforesaid advocate.
I have satisfied myself by examining the
deponents he has understood the contents of
paragraph of this affidavit, which have been read
over and explained before me by the deponent.

Oath Commissioner