Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Rajeev Kumar Mishra 'Rudra', learned counsel for the petitioners, Ms. Smiti Sahay, learned AGA for the State/respondents no. 1 to 3 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners, Kashi Prasad, Servjeet Mishra, Daljeet Mishra and Ranjeet Mishra, seeking a writ of certiorari to quash the First Information Report dated 18.07.2021 registered as F.I.R. No. 0225 of 2021, under Sections 324, 323, 504 I.P.C., police station Intiyathok, District Gonda and also issue a writ of mandamus abstaining the respondents no. 1 to 3 from taking any coercive measures against the petitioners in connection with the impugned F.I.R.
It has been argued by the learned Counsel for the petitioners that in the impugned F.I.R., it has been alleged that petitioners have beaten the son of the complainant on 17.07.2021. He argued that for the said incident, initially the petitioner no.3 had lodged the First Information Report dated 17.07.2021, which was registered as F.I.R. 0222 of 2021, under Sections 324, 323, 504 I.P.C., at Police Station Intiyathok, District Gonda, against the complainant/respondent no.4, Chedi Naw and Rajendra and son of the complainant (Shivam) and in a counter blast, the impugned F.I.R. has been lodged against the petitioners on 18.07.2021 i.e. after one day of the incident. He also argued that a civil dispute is pending between the parties and in order to make pressure upon the petitioners and also just to harass the petitioners, the impugned F.I.R. has been lodged against the petitioners, hence the impugned F.I.R. is liable to be quashed.
Learned AGA, on the other hand, opposed the prayer of the learned Counsel for the petitioners to quash the impugned F.I.R. and argued that there is cross version of the incident and both sides have received injuries in the said incident. Moreso, from perusal of the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioner, hence the writ petition is liable to be dismissed.
Having heard learned Counsel for the petitioners and learned AGA and considering the facts and circumstances of the case, particularly the facts that both sides have received injuries and also lodged F.I.R. for the incident and at the initial stage of investigation, it cannot be ascertained who is the aggressor in the said incident and further the impugned F.I.R. discloses cognizable offence, we are not inclined to interfere in the matter under Article 226 of the Constitution of India.
The writ petition lacks merit and is, accordingly, dismissed.
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(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 12.8.2021 Ajit/-