Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17446 of 2019 Petitioner :- Dilshad And 22 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 5.6.2019 registered as Case Crime No.247 of 2019, under Sections 147,148,149,332,353,307,336 IPC and Section 7 of Criminal Law (Amendment) Act, 1932, P.S. Jani, District Meerut.
Learned counsel for the petitioners has submitted that the impugned First Information Report has been lodged by the respondent no.3 Sub Inspector Sri Umesh Kumar against as many as 87 named and 40-50 unknown persons with the allegation that when two groups were pelting stones against each other the police personnel intervened to restrain them but the accused persons have attacked upon the police personnel and pelted stones with intent to kill them. Thus the entire scenario turned into hurly-burly commotion.
It is further submitted that the petitioners were not involved in any such incident as mentioned in the FIR. No one has sustained any injury in the said incident. The petitioners have nothing to do with the alleged offence and they have no criminal antecedents.The petitioners have been falsely implicated in the present case by the police personnel as they could not grease their palm. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
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 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 they 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 :- 28.6.2019 V.S.Singh