Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
By means of this writ petition under Article 226 of Constitution, the petitioners have prayed for quashing FIR relating to case crime no. 597 of 2009 under sections 147, 148, 352, 504, 506, 427, 436, 153,153-A & 295IPC read with Section 7 Criminal Law Amendment Act of Police Station Mahraj Ganj Tarai, district Balrampur.
We have gone through the contents of the FIR. As it comes that 46 persons have been named in the FIR and complicity of six other persons came into light during the course of investigation.
It has been submitted by learned counsel for the petitioners that since in the FIR it is mentioned that unknown persons were also involved in the commission of the offence, as such, the police of the police station concerned is harassing and victimizing persons and are implicating whosoever they like.
Superintendent of Police, Balrampur shall look into the matter and shall ensure that innocent persons are not harassed or victimized and any action, if required, shall be taken strictly in accordance with law.
Since in our opinion, the allegations made in the FIR disclose commission of cognizable offence as such the same cannot be quashed.
However, it is directed that if the petitioners surrender before the court concerned and move application for bail, the bail application shall be heard and disposed of expeditiously by the courts below.
Investigation shall go on and the petitioner shall cooperate with the same.
Subject to the above, the writ petition is finally disposed of.
Order Date :- 13.1.2010 anb