Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3244 of 2021 Petitioner :- Rafiq Ali And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari to quash the first information report dated 21.3.2021 registered as Case Crime no. 147 of 2021, under Sections 147, 148, 149, 395, 307, 323, 504, 506, 336, 332, 353 I.P.C. and Section 7 Criminal Law Amendment Act, 1932, P.S. Rasoolabad, district-Ramabai Nagar. Further prayer is that a direction be issued in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of the FIR dated 21.3.2021.
It is submitted that wife of petitioner no. 2, Azmat Ali does not reside with him as there is already a litigation going on and this FIR is an after thought. According to learned counsel for the petitioner that petitioner no. 1, Rafiq Ali and 8 others has filed a writ petition being Criminal Misc. Writ Petition no. 7644 of 2019 and the same was disposed by this Court, vide order dated 10.7.2019, with a direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order. Unfortunately, in the case of The State of Telangana v. Habib Abdullah Jeelani & Others (2017) 2SCC 779 the Supreme Court has deprecated this practice.
We can not persuade ourselves to grant the relief even qua- petitioner no. 6, Raheesa Begum, petitioner no. 7, Asarun and petitioner no. 8, Afrun. Once we have decided not to interfere in the FIR lodged as it disclose cognizable offences which cannot be questioned under Article 226 of the Constitution of India or Section 482 Cr.P.C. The offence committed by the petitioners are grave in nature and they are alleged to have committed offence under Section 395 I.P.C. coupled with section 307 I.P.C. coupled with sections 147, 148, 149 I.P.C. and in that view of the matter, the writ petition being devoid of merits and is accordingly dismissed.
Order Date :- 12.5.2021 Faridul