Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3905 of 2021 Petitioner :- Ashwani Sharma 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Dhaka Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No. 246 of 2021, under Sections 188, 332, 353, 393, 504 IPC and Section 126 of Representation of Peoples Act, P.S. Sardhana, District Meerut, with a further prayer to stay their arrest during pendency of investigation of the said case.
The allegation in the FIR is that after counting of votes relating to election of Gram Pradhan was concluded at 5 p.m. on 2.5.2021, the petitioners accompanied by 50 to 60 supporters, reached the counting centre and demanded that the election results be declared forthwith. The further allegation is that election officials posted at the counting centre tried to convince the petitioners that the result cannot be declared by them, but would be declared by the District Magistrate. However, they created ruckus and hindrance at the counting centre and created obstruction in discharge of official duties by the officials. The information regarding the incident was duly communicated to the SDM and the Circle Officer on telephone. It is also alleged that the petitioners and their supporters misbehaved with the officials and tried to destroy the records.
The submission of learned counsel for the petitioners is that the first petitioner who contested the election, had won the same by a margin of about 500 votes. There was no occasion for him to create any disturbance at the counting centre. The FIR was got lodged under pressure of MLA whose candidate for Gram Pradhan had lost the election.
The MLA against whom allegations of malafide has been made, has not been arrayed as a party respondent. Moreover, having regard to the nature of allegations, we do not find it a fit case where the FIR could be quashed without permitting the police to investigate the matter.
The writ petition is accordingly dismissed with liberty reserved in favour of the petitioners to seek anticipatory bail/bail, as may be maintainable or advised. If any such recourse is taken, the bail application shall be disposed of expeditiously, without being influenced by any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 28.5.2021 Jaideep/-
Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 14:31:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 14:32:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad