Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11445 of 2019 Petitioner :- Ashok Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra,Vyas Deo Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners, the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioners invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 3.4.2019 bearing Case Crime No. 0107 of 2019, under Sections 307, 147, 149, 151, 152, 186, 188, 189, 283, 332, 336, 341, 353, 427, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Kotwali Dehat, district Mirzapur.
It has been submitted by the learned counsel for the petitioners that the first information report was lodged by the respondent no. 3 against 16 named persons with the allegations that they indulged in assault and vandalism along with unknown persons with police personnel. The petitioners have been falsely named in the first information report that they have led the unruly mob, now the police is harassing the petitioners due to village party bandi. The coordinate Bench of this Court has passed an order in favour of other accused persons, hence the petitioners may be granted the same indulgence.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioners. The innocence of the petitioners cannot be adjudged at this stage.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 30.4.2019 Shahnawaz