Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3935 of 2021 Petitioner :- Girja Devi And 27 Others Respondent :- State And 3 Others Counsel for Petitioner :- V.K.S. Somvanshi,Ajay Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Jayant Banerji,J.
Heard Sri Ajay Kumar Sharma, learned counsel for the petitioners and Sri Gambhir Singh, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 14.5.2021, registered as Case Crime no. 215 of 2021, under Sections 147, 148, 149, 307, 323, 332, 353, 427, 504, 506, 120-B IPC and 7 CLA Act, 1932, P.S. Mangalpur, District Aama Bai Nagar (Kanpur Dehat).
The FIR alleges that the police party went to the scene to investigate an FIR relating to molestation, attributable to the husband of petitioner no.1 and his cohorts, while they were investigating accused and his accomplices assaulted the police team.
It is submitted on behalf of the petitioners that it's a case of no injury, FIR is malafidely motivated, as also female members of the petitioners' side received injuries attributable to police party, who misbehaved with ladies in the garb of investigation, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
We after perusing the FIR and the rival contentions, are of the view that the contentions raised by the petitioners cannot be examined in this jurisdiction, as FIR prima facie discloses commission of cognizable offences.
The writ petition lacks merit and is dismissed.
However, this order shall not be an impediment for the petitioners to seek anticipatory bail / bail as they may be advised.
Digitally signed by Justice Pankaj Naqvi Date: 2021.06.01 14:30:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 31.5.2021 N.S.Rathour Digitally signed by Justice Jayant Banerji Date: 2021.06.01 14:31:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad