Court No. - 65
Case :- APPLICATION U/S 482 No. - 23520 of 2007 Applicant :- Rakesh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.S.Hajela Counsel for Opposite Party :- Govt. Advocate
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Present application has been filed under Section 482 Cr.P.C., seeking to quash the proceedings in Case No. 575 of 2007 (State Vs. Rakesh & Ors.), under Sections 147, 148, 336, 353, 436, 332, 323, 427, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station - Talgram, District - Kannauj, pending in the court Additional Chief Judicial Magistrate, Kannauj.
3. Having heard learned counsel for the parties, it transpires that another Case Crime No. 66 of 2007 against Sameer, Razi, Ahmad and Harun @ Chandu, under Sections 342, 354 and 376 IPC had been registered prior to the institution of the present FIR against those accused persons named in that FIR. The allegations in that case being one involving heinous offence of rape, the villagers had caused a protest to be lodged against the police authorities who were not taking any action. According to the applicants, the inaction of the police authorities had the effect to grant protection to the persons accused in that heinous offence.
4. In the above circumstance, the present FIR has been lodged which itself clearly records the fact that peaceful protest had been organised by the villagers including the present applicants (named in the FIR) to pressure the police authorities to take lawful action in Case Crime No. 66 of 2007.
5. Emerging from that basic allegation, the FIR further narrates that a mob of about 250 unknown persons got involved in the occurrence which forms the subject matter of the offence alleged. The occurrence thus alleged is stated to have been committed by the mob of unidentified persons. Also, the allegations made in the FIR do not make out any grave offence nor the applicants are assigned any specific role in any of those occurrences.
6. Thus, it has been submitted, neither there is evidence of any serious damage caused to any public vehicle nor any serious injuries are alleged to have been received by any person nor there is any evidence of assault with brickbat having been caused by the present applicants. Only vague and general allegations have been made against the present applicants and others.
7. In such circumstances, prosecution lodged against the present applicants may only amount to an abuse of the process of Court, inasmuch as, applicants appear to have been charged primarily for reason of having organised a democratic protest to force the police authorities to take due action against the accused persons alleged to be involved in a heinous offence. In absence of any evidence of any specified completed offence having been committed by the present applicants while organising or conducting such protest, the continuance of the prosecution is wholly unjustified and impermissible.
8. Referring to the statement recorded during investigation, copies of which have been annexed to the present application, it has been submitted, only a fishing and roving inquiry has been attempted against the applicants inasmuch as there is no direct allegation made during the course of investigation of the offence having been committed by any of the applicants. Further, it has been submitted, there is no other evidence collected during investigation as may establish complicity of the applicants in any offence alleged.
9. While the present FIR has been lodged with reference to the occurrence alleged to have taken place on 14.03.2007, the accused Razi (in Case Crime No. 66 of 2007) was arrested on 17.03.2007 (after the present occurrence). Subsequently, he was also chargesheeted on 12.04.2007.
10. Counter affidavit seeks to resist the motion brought by the applicants, it does not refer to any material as may suggest specific involvement of the present applicants in the offence alleged. Neither any damage of property nor injuries suffered by any person, has been shown such as may constitute a completed offence or to inquiry caused by the applicants.
11. In the entirety of the facts and circumstances of the case, it does appear, no useful purpose would be served in allowing such a prosecution to continue. Admittedly, the occurrence began with a peaceful protest with which present applicants are alleged to have been directly involved. One of the acused persons in the other case being Case Crime No. 66 of 2007, Razi was arrested three or four days after the present occurrence. It is normal to accept that in occurrence of heinous offence, local residents/public does feel/perceive offended and it have a right to protest, if the police authorities and administration do not take due action against the accused persons.
12. To that extent, there can be no offence alleged.
Thereafter, the role of the applicants has not been specified with respect to the further allegations. The FIR and the material brought on record do not indicate any specific role of the present applicants in those occurrences. Even the extent of the damage/injuries causes does not appear to have asserted or established during investigation.
13. The counter affidavit is equally vague insofar as the role of the present applicants is concerned. Therefore, it would amount to abuse of process of Court to allow such prosecution to continue as that may only result in a fishing and roving inquiry.
14. In absence of any material shown to exist as to the direct involvement of the present applicants and keeping in mind the damage and injuries claimed being minimal and not significant that too against a general allegation against the applicants, the present application is allowed. The proceedings in Case No. 575 of 2007 (State Vs. Rakesh & Ors.) under Sections 147, 148, 336, 353, 436, 332, 323, 427, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station - Talgram, District - Kannauj, pending in the court Additional Chief Judicial Magistrate, Kannauj are quashed against the present applicants.
Order Date :- 27.10.2021 Abhilash