Hon'ble Jaspreet Singh,J.
The Court has convened through Video Conferencing.
Heard Sri Karuna Shankar Mishra, learned counsel for the petitioners, Sri Amrendra, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners, namely, Nafees alias Nafees Ahmad, Moqim alias Moqim Ahmad and Danish, for quashing the First Information Report dated 25.04.2021 lodged by the respondent no.4 registered as F.I.R./Case Crime No. 0109 of 2021, under Sections 147, 148, 323, 336, 307, 302/34, 504 I.P.C., Police Station Musafirkhana, District Amethi.
Learned counsel for the petitioners has argued that initially, the impugned F.I.R. has been registered against five persons, namely, Moin, Moteen, Mozen, Mohd. Kamar and Suhel under Sections 147, 148, 323, 336, 307 I.P.C., in which Mohd. Alam, Mohd. Azam Imran, Mohd. Zama, Mohd. Nasir, Mansoor Ahmad and Ehshan Ahmad have sustained injuries but subsequently, one of the injured, namely, Mohd. Azam Imran, died due to the injuries sustained by him on the next day of the incident i.e. on 26.04.2021. After three days? of the incident i.e. on 28.04.2021, the informant has moved an application, wherein he has arrayed the name of the petitioners along with nineteen other persons as accused persons, which was endorsed in G.D. No. 012 dated 28.04.2021. Thereafter, the Investigating Officer, on the basis of the application of the informant as well as relying upon the evidences collected during the course of investigation including the statement of the injured witnesses, has inserted Sections 302/34 and 504 I.P.C. and added the name of the petitioners as accused persons along with 19 other persons.
It has been argued by the learned Counsel for the petitioners that the petitioners no. 1 and 2 are the brothers of father of the petitioner no.3, namely, Aniullah, who died on 23.04.2021 and, therefore, petitioners have collected in village for his burial. He argued that on the date of the incident i.e. on 25.04.2021, the petitioners were engaged in Kurankhani (sad demise proceedings performed after burial) and at that time, they were in their house and were not present at the place of incident. He argued that because of old enmity relating to land dispute between the injured persons and family of the petitioners, the petitioners have been falsely implicated in the present case after three days of the incident with due consultation and deliberations, hence the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the Investigating Officer, on the basis of the material collected during the course of investigation, has found the involvement of the petitioners in the crime, hence, the name of the petitioners has been added during the course of investigation and the plea of alibi cannot be examined by this Court in a writ petition as the same can be adjudged during the course of the trial on the basis of the evidence adduced by the petitioners. He further argued that from perusal of the First Information Report, a cognizable offence is made out against the petitioners, and, therefore, the present writ petition be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR 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 :- 31.5.2021 Ajit/-