Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Kirshna Gopal, learned counsel for the petitioners, Shri S.N. Tilahari, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Ram Saran and Manoj Kumar with a prayer to issue a writ in the nature of certioari to quash the impugned FIR dated 25.07.2021 bearing FIR No.0310 of 2021, under Sections 120-B, 307, 342, 323, 325, 308, 504, 506 I.P.C. & Section 7 of Criminal Law (Amendment) Act, Police Station Gauriganj, District Amethi with a further prayer not to arrest the petitioners in pursuance of the impugned FIR.
It has been argued by learned counsel for the petitioners that the petitioners are innocent and they have been falsely implicated in the present case due to village enmity. He next argued that the petitioners were not present at the day and time of the incident as they were in a marriage ceremony of daughter of Haneef son of Akhlaq. In support of his contention, he has annexed copies of affidavits given by some persons who were present at the marriage ceremony as Annexure 4. He next argued that earlier for the incident dated 21.06.2019 an FIR was lodged from the side of petitioner bearing Case Crime No.283 of 2019, under Sections 147, 148, 427, 323, 324, 504, 506, 307, 308 I.P.C., Police Station Gauriganj, District Amethi, copy of which is annexed as Annexure 3 to the petition, in which the charge sheet has been submitted against the respondent no.4. He next argued that the impugned FIR has been lodged against the petitioners just for harassment with oblique motive. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioners are named in the FIR. He next argued that the petitioners assaulted the injured persons, who are uncle and brother of private respondent, by hard and blunt object and the fire arm was also used in the alleged incident, which missed the target and injured persons have sustained serious injuries in the alleged incident. He next argued that the plea of alibi cannot be examined by this Court in a writ petition as the same can be adjudged during the course of trial on the basis of the evidence adduced by the petitioners. He further submits from a perusal of FIR, cognizable offence is clearly made out against the petitioners, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
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( Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2021 Anand/-