Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3842 of 2021 Petitioner :- Altamash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Firoz Haider Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.0079 of 2021, under Sections 147, 148, 149, 160, 323, 307, 504, 188, 269, 270 IPC and Section 7 of the Criminal Law Amendment Act and Section 3 (1) of the Pandemic (Amendment) Act, 2020 & Section 51 of the Disaster Management Act, 2005 P.S. Chhapar, District Muzaffar Nagar, with a further prayer to stay their arrest during pendency of investigation of the said case.
The allegation in the F.I.R. is that when the Police party reached the village on information of Mukhbir that fighting is going on between the newly elected Pradhan and the earlier Pradhan, it found about 25-30 persons belonging to two sides fighting with each other. The Police also found evidence of firing and pelting of stones. The Police booked persons from both sides.
The sole submission of learned counsel for the petitioners is that the petitioners are students and no specific role has been assigned to them. We do not consider it sufficient to quash the impugned F.I.R. which clearly discloses commission of a cognizable offence.
Accordingly, the writ petition is dismissed with liberty reserved in favour of the petitioners to apply for bail/anticipatory bail, as may be advised or maintainable and in the event any bail application is filed, the same shall be decided expeditiously without being prejudice to any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.5.2021 SL Digitally signed by Manoj Kumar Gupta Date: 2021.05.27 14:27:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.27 14:29:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad