Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3646 of 2021 Petitioner :- Bhalu @ Pradeep Kumar And Others Respondent :- State of U.P.
Counsel for Petitioner :- Kuldeep Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report dated 06.05.2021, registered as Case Crime No.128 of 2021, under sections 147, 148, 149, 307, 336, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S.- Dannahar, District- Mainpuri, with a further prayer to stay their arrest during pendency of investigation of the said case.
As per the allegations in the F.I.R. which has been lodged by Senior Sub-Inspector, Dharmendra Kumar a fight was going on between the supporters of two groups in connection with casting of votes in the election of Block Pramukh. It is alleged that both the sides indulged in several rounds of firing and as a result there was breach of peace and panic amongst the villagers. No one was ready to lodge an F.I.R. and consequently the police itself got the F.I.R. registered.
Learned counsel for the petitioners submitted that the impugned F.I.R. has been lodged with incorrect allegations. The petitioners have been falsely implicated. They have no criminal history.
These submission in our opinion do not constitute a valid ground for quashing the F.I.R. The submissions made are matters of investigation. We therefore decline to quash the F.I.R. which clearly discloses commission of a cognizable offence.
The writ petition is dismissed with liberty in favour of petitioners to seek anticipatory bail/bail, as is 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 shiv Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 14:53:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 14:54:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad