Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3060 of 2021 Petitioner :- Rafique Ali And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Sachan,Ashwani Kumar Sachan Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through web link.
The accused are facing investigation and apprehending their arrest pursuant to the F.I.R. registered as Case Crime No.146 of 2021 dated 21.3.2021under Section 147,148,149,323,504,506 & 498 A of I.P.C. and under Section 7 of Criminal Law (Amendment) Act, 1932 at Police Station, Rasoolabad, Kanpur Dehat and by way of this writ petition, the petitioners seeks quashment of the aforesaid F.I.R. Alternatively, they have also prayed that this Court may direct the police authority concerned not to arrest them during the pendency of this writ petition.
On perusal of the writ petition, it is clear that all the offences which are alleged to have been committed are in the realm of family disputes and there are certain factual data involved which require to be investigated. Just because it is second F.I.R., the same cannot be interfered with in writ jurisdiction. The F.I.R. prima facie discloses the allegations made in the F.I.R. and, therefore, at this stage, we cannot ambush the investigation.
We are supported in our view by the decision of the Apex Court in Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, LL 2021 SC 211.
In view of the above, this writ petition is dismissed.
However, if the allegations are such and the offences which are said to have been committed are in the realm of punishment below seven years, the police, it is hoped, would abide by the provisions of Section 41A of Cr.P.C. before taking coercive action against the petitioners.
The decision in Criminal Misc. Writ Petition No.17644 of 2019 dated 10.7.2019 also shows that the Court was not inclined to quash the main F.I.R. but as the system prevailed order was passed. This practice has been deprecated by the Apex Court in the above decision.
This Court is thankful to learned A.G.A. for ably assisting the Court.
Order Date :- 13.5.2021 DKS