Hon'ble Jaspreet Singh,J.
The Court has been convened through video conferencing.
Heard Sri Arjun Singh "Kalhans" learned counsel for the petitioners, Ms. Meera Tripathi, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioners with the following prayers:-
" (i) Issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 16.4.2021, registered at F.I.R.No.0297 of 2021, under Sections 147, 148, 149, 323, 504, 506, 308, 427 I.P.C., added Section 327/386/325 I.P.C., Police Station Kotwali Nagar, District Gonda.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opp. party no.3 not to arrest the petitioners in garb of impugned F.I.R. dated 16.4.2021, registered at F.I.R.No.0297 of 2021, under Sections 147, 148, 149, 323, 504, 506, 308, 427 I.P.C., added Section 327/386/325 I.P.C., Police Station Kotwali Nagar, District Gonda."
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case due to old enmity. He further submits that there is no medical examination of the injured performed, they have not received any grievous injuries and all the injuries alleged to have been inflicted are simple in nature. No offence is made out against the petitioners, hence, the F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the injured/victim sustained injuries on his head by an iron rod and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021/NS/Asheesh