Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2824 of 2021 Petitioner :- Arif Ali And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondents no.1, 2 and 3; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 16.3.2021 registered as Case Crime No.118 of 2021, under Sections 147, 323, 504, 506, 394, I.P.C. and Section 3(2)(V) S.C./S.T. Act, Police Station- Ghatampur, District- Kanpur Nagar. Further prayer has been made to direct the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that the petitioners are businessmen. They are living in Lucknow. Family members of the petitioners are supporting Tuntun Pandey, who is present Pradhan of Gaon Sabha Jahangirabad, P.S. Ghatampur, District Kanpur Nagar. One Rajol Mishra is trying to contest the election of Gram Pradhan and the respondent no.4 is supporting Rajol Mishra. After drinking wine respondent no.4 was making undue pressure upon the petitioners for supporting Rajol Mishra. When the petitioners denied to do so, respondent no.4 himself fell down due to which he sustained simple injuries. Neither the petitioners have committed any marpeet with the respondent no.4 nor committed the alleged offence. False story has been concocted by the respondent no.4 due to dispute of Village Pradhan election.
Per contra learned A.G.A. opposed the prayer for quashing the impugned first information report and argued that in the first information report it has been mentioned that on 16.3.2021 the petitioners committed marpeet with the informant and also snatched golden chain from his neck and Rs.9,100/- from his pocket. It has further been argued that the informant was medically examined and three injuries were found on his person. From the allegations made in the first information report prima facie cognizable offence is made out, therefore, impugned first information report is not liable to be quashed.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we find that the allegations disclose commission of cognizable offences, therefore, the prayer of the petitioners to quash the impugned First Information Report cannot be accepted and the same is, hereby, refused.
The petition is dismissed.
However, in case the petitioners appear and surrender before the court below within 45 days from the date of production of certified copy of this order and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 6.4.2021 T. Sinha