Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Mohd. Gayasuddin Khan, learned counsel for the petitioners, Sri S.P. Singh, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Gufran @ Guppu, Amjad, Firoz, Javed, Junnaid, Ramiz, Suaib, seeking a writ of certiorari to quash the impugned First Information Report dated 29.07.2021 registered as Case Crime/F.I.R. No. 0310 of 2021, under Sections 147, 148, 149, 307, 308, 392, 323, 506 I.P.C., Police Station Mandhata, District Pratapgarh and also issue a writ of mandamus commanding the respondents to not to arrest the petitioners in pursuance of the impugned F.I.R.
Learned counsel for petitioners argued that the petitioner nos.1, 4, 5 are witnesses of a murder case, which was registered as Case Crime No.138/2017, under Section 302, 120-B, 212, 34 I.P.C., P.S. Mau Aima, District Prayagraj against the injured Rukhsar (son of complainant), who is also having a criminal antecedent. Therefore, the impugned F.I.R. has been lodged against the petitioners just for harassment and with oblique motive. He further submits that the injuries which have been caused are simple in nature. He further submits that the incident had taken place on 24.07.2021 and the impugned F.I.R. had been lodged on 29.07.2021, after an inordinate delay of about 6 days without any explanation. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioners are named in the F.I.R. He further submits that there is specific allegation levelled against the petitioners that they armed with axe, rod, gahdala assaulted the son of complainant with the intention to kill him and petitioner no.1 has also assaulted the son of complainant with the butt of his licensee gun due to which the injured has sustained injuries which are found to be grievous in nature. He further submits that the impugned F.I.R. discloses a cognizable offence against the petitioners, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows that cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 19.8.2021 Shubhankar