Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Manjusha Kapil, learned counsel for the petitioners, Sri S.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The instant writ petition has been filed by the petitioners with the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned false first information report lodging by the opposite party no.3 on 16.07.2021 at 21:20 hours, in F.I.R./Case Crime no.0228 of 2021, under Sections 147, 307, 323, 504, 506, 427 I.P.C., Police Station Makhi District Unnao, contained as Annexure No.1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 not to arrest or adopt any coercive measures against the petitioner on the basis of false first information report lodged by the opposite party no.3 on 16.07.2021 at 21:20 hours, in F.I.R./Case Crime No.0228 of 2021, under Sections 147, 307, 323, 504, 506, 427 I.P.C., Police Station Makhi District Unnao, contained as Annexure No.1 to this writ petition.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party nos.1 and 2 to re-conduct the medical of the opposite party no.3 by the panel of the doctors."
Learned counsel for petitioners submits that the impugned F.I.R. has been lodged as a counter blast to the F.I.R. lodged by the petitioner no.1 against Ganga Prasad, his sons and brother, as F.I.R./Case Crime No. 0118 of 2021, under Sections 147, 307, 323, 506 I.P.C. on 26.04.2021 in which petitioner no.4 has received fire arm injury. It has next been submitted that apart from the bald allegations made in the F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence. He further submits that impugned F.I.R. has been lodged against the petitioner just for harassment and with oblique motive, hence the present 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. There are cross versions of F.I.R. and both sides have received injuries. The investigation of the case is at initial stage and at this stage, it cannot be said whether the petitioners are aggressor or the complainant, therefore, it cannot be said that petitioners are not involved in the present crime. 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., gravity of offence and also considering that as per impugned F.I.R., 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing Order Date :- 27.7.2021 A.K. Singh