Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5484 of 2019 Petitioner :- Raees Ahmad And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 07.07.2018 registered as Case Crime No. 0442 of 2018, under Sections 147, 148, 149, 452, 342, 323, 504, 506, 382 I.P.C., P.S. Ghoorpur, District Allahabad.
The allegation in the impugned first information report is that the petitioner was raising a boundary wall on his own land when the accused along with 25-30 persons entered the premises of the informant and threatened his labour as also confined one of the persons, who was engaged in raising constructions, and assaulted them. It is also alleged that construction material was looted, information of which was given to the police by dialing 100. It has further been alleged that the accused persons had been threatening the informant and extracting money from him.
The learned counsel for the petitioners has submitted that the petitioners are public spirited persons and they have made complaint against the informant for occupying public land and therefore false allegations have been levelled.
It is not demonstrated that any Public Interest Litigation or any suit or proceeding has been drawn against the informant disclosing that he has no right over the land where constructions are being raised by the informant. Otherwise also, the contentions raised are matter of defence which cannot be considered for the purposes of assessing whether the impugned first information report is liable to be quashed or not, inasmuch as, at this stage, the allegations are to be accepted on their face value.
In view of the above, no case for interference is made out. The petition is dismissed.
Order Date :- 28.2.2019 Sunil Kr Tiwari