Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners seeking bail and learned counsel for the State through video conferencing in view of the Covid 19 lockdown.
The instant writ petition has been filed by the accused/petitioners Ankit and others seeking a writ of certiorari quashing the F.I.R. lodged at case crime no. 176 of 2021 under Sections 147,148,149,307,323,504,506, Police Station- Isa Nagar, District- Lakhimpur Kheri.
On a bare perusal of the First Information Report it cannot be said that no cognizable offence is made out in the matter against the petitioners at least at this stage.
As regards contention of learned counsel for the petitioners that the F.I.R. has been lodged as a result of political enmity barely two days after the elections as the petitioners did not accede to the request of the informant to vote for him in the Panchayat Elections and that no such incident as alleged in the F.I.R. occurred, this is a question of fact to be investigated by the investigating officer and it is not possible to arrive at any conclusion at this stage in these proceedings, especially considering the pleadings and the documents on record. We are, therefore, not inclined to entertain this writ petition. Accordingly we dismiss this petition, but without prejudice to the rights of the petitioners in the pending investigation.
Order Date :- 17.5.2021 A.Nigam