Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3927 of 2021 Petitioner :- Arsey Azam @ Mohammad Azam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Firoz Haider Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Jayant Banerji,J.
Heard Sri Firoz Haider, learned counsel for the petitioners and Sri Gambhir Singh, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 4.5.2021 lodged at Case Crime No. 0079 of 2021, under Sections 147, 148, 149, 160, 323, 307, 504, 188, 269, 270 IPC and Section 7 Criminal Law Amendment Act and Section 3(1) Pandemic (Amendment) Act, 2020 & Section 51 Disaster Management Act, 2005, P.S. Chhapar, District Muzaffar Nagar.
The FIR alleges a scuffle between two rival factions, i.e, a Pradhan and an Ex-Pradhan involving 25-30 persons, out of whom 4 (2 from each faction) were arrested at the spot.
It is submitted by learned counsel for the petitioners that they happen to be the students, one of them was working abroad and the other in Mumbai, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
We after perusing the FIR and the rival contentions, are of the view that the contentions raised by the petitioners cannot be examined in this jurisdiction, as FIR prima facie discloses commission of cognizable offences.
The writ petition lacks merit and is dismissed.
However, this order shall not be an impediment for the petitioner to seek anticipatory bail / bail as they may be advised.
Order Date :- 31.5.2021 N.S.Rathour Digitally signed by Justice Pankaj Naqvi Date: 2021.06.01 14:29:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Jayant Banerji Date: 2021.06.01 14:31:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad