Hon'ble Ashwani Kumar Singh,J.
Heard Sri S.H. Ibrahim and Sri S.A. Abbas learned counsel for the petitioners, learned A.G.A. for the State of U.P.
This petition has been filed by the petitioners Mollan, Jollan, Suleman and Rafeeq for the following relief:
1) Issue writ, order or direction in the nature of certiorari thereby quashing the First Information Report dated 19.8.2014 lodged at Case Crime No. 317 of 2014 under sections 364,504, 506 at P.S. Jalalpur district Ambedkar Nagar which is annexed as Annexure No.2 to the writ petition.
2) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties not to arrest or detain the petitioners in case crime no. 317 of 2014, under section 364,504,506 I.P.C. of P.S. Jalalpur District Ambedkar Nagar which is contained as Annexure No.2.
3) Issue any other suitable writ, order or direction which this Hon'ble Court may deem, fit just and proper under the circumstances of the case in favour of the petitioners.
4) allow the writ petition with costs.
The aforesaid prayers have been sought on the following grounds.
Because the petitioners are law abiding citizens and they are permanent resident of Tikri Zaitpur P.S. Zaitpur, District Ambedkar Nagar and they are not previous convict nor involved in any other case except this false and fabricated case.
Because the complainant's son Firoj and other family members abducted the daughter of the petitioner no.2 and for that petitioner no.2 lodged the FIR against them on 11.2.2014 on the direction of the learned Magistrate on the application under section 156(3) Cr.P.C. dated 25.1.2014 regarding occurrence dated 27.12.2013.
Because only due to malafide intention and avoid the consequence of the FIR lodged by petitioner no. 2 against the son and family members of the complainant, the complainant lodged the present false and concocted FIR against the petitioners.
Because on the application u/s 156(3) Cr.PC. filed by the complainant the learned Magistrate call for the report from the police concerned and police gave his report saying that no any FIR has been registered at P.S. and he also said that on enquiry it has come that Firoj is doing service outside of the district.
Because the complainant and her family members are very clever persons and they filed writ petition twice on the different names before this Hon'ble court for quashing of the FIR lodged by petitioner no. 2 and stay of their arrest but on booth times their writ petition has been dismissed by this Hon'ble High Court.
Because after lapse of about nine months of lodging of the FIR of petitioner no. 2 the son of complainant/opposite party 3 and other family members are absconding till today and they not appeared before the lower court.
Because the FIR lodged by the complainant/opposite party no. 3 is due to malafide intention only for blackmail and harassment of the petitioners.
Because the FIR is liable to be quashed against the petitioners.
Because on the basis of alleged FIR the police of P.S. Jalalpur District Ambedkar Nagar are trying to arrest the petitioners, without any fault of the petitioners.
Because if the arrest of the petitioners' are not stayed the petitioners will suffer a great irreparable loss and injury which cannot be compensated in any manner.
Because the petitioners are innocent in this matter and they not committed any offence and prima facie offence is made out against them.
It is submitted by the learned counsel for the petitioners that the impugned FIR is based on false and frivolous allegations and no offence of abducting Firoj has been committed, the impugned FIR has been lodged as a counter blast of the FIR lodged by the petitioners Jollan against Firoj and five others on 11.2.2014 at 12.30 p.m. in respect of the incident allegedly occurred on 27.12.2013 at about 2.00 p.m. in case crime no. 33 of 2014 under section 366,504,506 I.P.C. P.S. Zaitpur district Ambedkar Nagar in which the daughter of the petitioners Jollan was kidnapped. The alleged abductee Firoj is an accused in that case and he is absconding. The impugned FIR has been lodged with a oblique motive as well as to save the skin of Firoj. Firoj has not been recovered. In case, the petitioners are arrested and sent to jail, they shall suffer irreparable loss.
In reply to the above contention it is submitted by the learned A.G.A. that the petitioner No. 2 Jollan moved an application under section 156(3) Cr.P.C. on 25.1.2014 in respect of the incident allegedly occurred on 27.12.2013, this application for lodging the FIR was moved after 28 days, the same was allowed by the learned Magistrate concerned on 10.2.2014. In pursuance of the order dated 10.2.2014, the FIR was registered in case crime no. 33 of 2014 under sections 366,504,506 I.P.C. P.S. Zaitpur district Ambedkar Nagar on 11.2.2014 against Firoj and 5 others. According to the above mentioned FIR Km. Sitabulnisa, daughter of petitioner no.2 Jollan was student of B.A. 2nd year, she had gone to deposit the form in the college, when she was returning from the college, she was forcibly taken away by Firoj and other in a Bolero vehicle. He was having the apprehension of death of his daughter. The above mentioned kidnapped girl, was returned to her parent's house but Firoj who remained in her company at Ajmer etc. did not return, then an application under section 156(3) Cr.P.C. was moved by Smt. Amina Khatoon alleging therein that the petitioners had taken away Firoj in the company of Sitabulnisa from her house on 15.1.2014 at the pretext that they were going to Akbarpur where the Nikah of Sitabulnisa would be performed with Firoj. Thereafter, they would be taken to Ajmer Sharif but the petitioners returned to their house alongwith Sitabulnisa but the whereabouts of her son Firoj were not known. She enquired from the petitioners about her son, she was abused by them and threat of life was also extended by them. A search of Firoj was made but no whereabouts were known. The petitioners are the persons of criminal nature having good connection with the criminals. She was having the apprehension that her son has been done to death by the petitioners and their associates( Gurge). It is a case which may be connected with honour killing at present neither Firoj Ahmad has been recovered nor the evidence of his murder has been collected. The possibility of his abduction and murder may not be ruled out.
According to the instruction received from the police station concerned, the petitioners are involved in the commission of the alleged offence, therefore, no protection may be provided to the petitioners and on the basis of the allegation made a prima facie cognizable offence is made out. There is no ground to quash the impugned FIR. The present writ petition is devoid of merits, the same may be dismissed.
Considering the facts, circumstances of the case, submissions made by the learned counsel for the petitioners, learned A.G.A. and from the perusal of the record it reveals that on the basis of the allegations made in the impugned FIR a prima facie cognizable offence is made out. There is no good ground to interfere with the impugned FIR at this stage, inference may not be drawn that the present FIR has been lodged as a counter blast of the FIR in case crime no. 33 of 2014 under sections 366,504,506 I.P.C. P.S. Zaitpur district Ambedkar Nagar in which the alleged abductee is an accused. There is no good ground to interfere with the impugned FIR The prayer for quashing the impugned FIR is refused.
However, considering the facts, circumstances of the case, it is directed that in case the petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below.
With the above direction this petition is finally disposed of.
Dt. 22.9.2014 NA