Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15330 of 2019 Petitioner :- Nazar Mohammad @ Najru And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.,Rajesh Kumar Pandey
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Mohammad Zakir, learned counsel for the petitioners, Sri Rajesh Kumar Pandey, learned counsel for the caveator and Sri Rajesh Mishra, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. dated 10.05.2019 which has been registered as Case Crime No.0242 of 2019, under Sections 147, 148, 149, 323, 452, 308, IPC, Police Station Gulawathi, District Bulandshahr.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that the petitioner nos. 1 and 6 are the handicapped persons; that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned counsel for the complainant as well as the learned A.G.A. have submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Looking to the nature of the controversy in issue, no purpose will be served in keeping the matter pending before this Court any further. Accordingly the writ petition is disposed of with the following directions:-
(i) As far as the petitioner nos.1 and 6, namely Nazar Mohammad @ Najru and Maruf are concerned, they are handicapped persons, this petition is finally disposed of with a direction that he shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner nos.1 and 6 shall participate and co-operate with the investigation and police authorities shall conclude the investigation, as early as possible.
(ii) As far as the petitioner nos.2, 3, 4 and 5, namely Rifakat, Mujahid, Dnish @ Daini and Shahid are concerned, this petition is finally disposed of with a direction that if the petitioner nos.2, 3, 4 and 5, are appear and surrenders before the courts below within 60 days from today and applies for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 60 days from today or till the petitioner nos.1, 4 and 5, surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the petitioner nos.2, 3, 4 and 5. However, in case, the petitioner nos.2, 3, 4 and 5, does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.5.2019 VKG