Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1473 of 2019 Petitioner :- Hazi Raheesu @ Hazi Raheesuddin And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Sharma,Prateek Tyagi Counsel for Respondent :- G.A.,Satyam Narayan
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vikas Sharma for the petitioners and Sri Satyam Narayan for respondent-4.
The writ petition has been filed for quashing the F.I.R. dated 27.12.2018, registered as Case Crime No.1896 of 2018 under Sections 147, 307, 323, 504, 506, 406 IPC, P.S. Lisadi Gate, district Meerut.
In substance, in the F.I.R. the allegation has been made that the informant and his partners, Saddar son of Yunus and Abdulla son of Haji Alauddin were doing business. In connection with the business they had dues upon Haji Rayees and Anees sons of Yaseen. In spite of several demands, they have not cleared their dues. On 27.12.2018 on the assurance of returning money Haji Rayees and Anees had called him along with his partners at their house where the accused were sitting with deadly weapons. When they reached at the house of the accused they started assaulting them with iron rods in which Abdulla had received severe injuries. In the medical examination temporal bone was found fractured and the doctor has opined that the injury was grievous in nature.
The counsel for the petitioners submits that the petitioners had lodged an F.I.R., registered as Case Crime No.1897 of 2018 on 28.12.2018 at10-30 hours in which he had stated that on 27.12.2018 at 3-00 P.M. when Haji Rayees was sitting at his house Haji Bilal, Saddar and Abdulla came at his house and abused him and in order to kill him they opened fire and ran away from the spot. He submits that place of incident is the house of petitioner-1. Therefore, the informant and other persons were aggressors. In case any injury has been caused then it was caused in self defence of the petitioners. In such circumstances, the petitioners are entitled for interim protection during investigation.
However, the counsel for the respondent-4 submits that in the F.I.R. dated 29.12.2018 the petitioners have nowhere mentioned that they had exercised their right of self defence or any injury was caused to anyone. They had simply alleged that the informant and his accomplices fired upon him and ran away from the spot. Although nobody received firearm injury in this incident. Therefore, F.I.R. lodged by the petitioners is wholly mala fide and it was lodged subsequent to lodging of the F.I.R. by the informant. F.I.R. discloses cognizable offence. The grievous injury has been caused to Abdulla. Therefore, F.I.R. is not liable to be quashed.
However, in case the petitioners surrenders and apply for bail, their bail application shall considered and decided in accordance with law expeditiously. The writ petition is disposed of.
Order Date :- 21.1.2019 mt