Court No. - 53
Case :- APPLICATION U/S 482 No. - 14490 of 2018 Applicant :- Sabir And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Akash Mishra,Rahul Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
1. Heard Sri Ajay Kumar Pandey, Advocate holding brief of Sri Rahul Singh, learned counsel for the applicants and Sri Saqib Meezan, learned AGA alongwith Sri Vivek Dubey appearing for the State.
2. This is an application under Section 482 Cr.P.C. seeking to quash the impugned charge sheet dated 05.01.2018 giving rise to Case No.104 of 2018, State Vs. Musahid Ali Pradhan and others (arising out of case crime no.0389 of 2017), under Sections 147, 148, 149, 332, 333, 353, 307, 336, 427, 504, 506, 34 IPC, Section 3/4 of the Prevention of Damages to Public Property Act, 1984 and Section 7 of the Criminal Law Amendment Act, Police Station Didauli, District Jyotiba Phuley Nagar, pending in the court of Chief Judicial Magistrate, Amroha.
3. The applicants are nominated accused in the First Information Report lodged by Senior Sub-Inspector, Neeraj Kumar, against 127 accused relating to an incident dated 10.11.2017, the time of occurrence being 15:45 hours and the report being registered at 18:45 hours, on allegations that the police at 8:05 AM in the morning left for their duty to maintain law and order on the occasion of Chellum and reached Village Payati Kalan/ Khurd, where there was some heart burning between the Sheikhzada and Fakir Communities of Muslims, on account of which there was a report about an apprehension of breaching of peace. The Station House Officer, Didauli with his team of officers and men were present as well as the Circle Officer, City Amroha with a force summoned from the police lines accompanied by a Riot Control Vehicle equipped with necessary facilities. It is reported that at 15:45 hours, the three Tazias from villages Payati Kalan and Payati Khurd accompanied by a multitude of thousands raising religious slogans moved on the Pucca road towards the graveyard belonging to the Fakir Community and entering that graveyard, they put down the Tazia. Attempting to establish a new tradition, they moved to the south- eastern corner, where a Mazar is in existence. The police personnel present including SHO convinced the members of the congregation not to initiate a new tradition. Thereafter the SHO addressed the members of the congregation on the Loud Heller system asking them to keep the Tazia at the appointed place.
4. In response to the said command by the SHO, seven of the first nominated accused, Mushahid Ali Pradhan, Babban Khan, Rafedin, Tahzib, Hafiz Shakir, Babbu and Shami Neta, all natives of Village Payati Kalan, Police Station Didauli, ignored the appeal by the police and exhorted the congregation and a certain man amongst them known as Neta, turned to the assemblage of people and raising his hands up, started shouting that it was their religious matter and that they were present by thousands. He exhorted the gathered multitude that in case they were not able to establish a new tradition that day they would not be to do so in future. The aforesaid man called Shami Neta was joined in the exhortation by Babban, Mushahid and others, who fomented the congregation by raising slogans and coming forward they indulged in physical altercation with the police.
5. Seeing the Tazia of the Sheikhzada Community going forward the members of Fakir Community were suddenly irked and their leaders comprising Dr. Sharafat Hussain, Nafis Ahmad and Haji Abdul Salam, natives of Village Payati, P.S. Didauli shouted that all Fakirs should join hands, and, that if they did not stop them, they would lose possession of their graveyard. They said they could not depend upon the police and the administration. Upon that being said, members of the Fakir Community, also congregated in large numbers, started pelting stones at the police. All attempts to restore peace by amplified appeals on the loud heller to stop stone pelting proved futile, Instead, some from the Community of Sheikhzada exhorted that they were in stronger numbers, upon which they kept down the Tazia and indulged in brick batting at the members of the Fakir Community and the police. Being a number of 2500 – 3000, all efforts to bring the two belligerent factions of Muslims to peace by the police proved futile and the mob went out of control. They were in the hands of their leaders, who attacked the police with brickbats and sticks (Lathi-Danda). They also opened fire at the police from their licensed weapons as well as illegal weapons.
6. In the meanwhile the S.H.O., Didauli and Sub-Inspector Sompal Singh received open head injuries, whereas the informant and other policemen suffered other injuries. The police not caring for their lives, put the riot control equipments into operation, like the gas gun, and, the ante-riot gun, trying to bring riotous mobs of both factions under control, but on account of this attack on the police, the entire congregation of people there and adjoining areas, went into a stampede. Movement on the Pak Bada Kailasha Road was blocked. The shop keepers and their customers leaving their goods and wares behind took to their heels, seeking cover of safety for their lives. They retreated to the safety of their homes and the entire fare was suddenly uprooted, in consequence of the pandemonium.
7. The rampaging mob damaged the vehicles and shops nearby; the atmosphere in and around locale was ridden with fear and public order was thrown out of gear. The mob also threw brickbats at the police vehicles, in consequence of which the official jeep of Police Station Didauli bearing registration no. UP23G-0230 and the Bolero of the Circle Officer, Amroha bearing registration no. UP23G-0229 were damaged. The police immediately requested for reinforcements, in highest numbers possible, in order to restore peace, law and order. The injured SHO, Harpal Singh and S.I. Sompal Singh were rushed to medical aid at the nearest hospital, T.M.U., in a private vehicle.
8. In the entire episode above described, the applicants’ complicity has been found upon thorough investigation and a charge sheet has been filed, which is the subject matter of challenge in the instant application.
9. The submission of the learned counsel for the applicant is that the applicants have been nominated on the basis of personal animosity between members of the two rival Communities as the FIR nominates 127 persons and another 2500 unknown persons, which is, therefore, a blank form in the hands of police to implicate anyone falsely. It has been argued that there is no specific role assigned to the applicants and their role is vague and general. The applicants have not assaulted the police or damaged any police vehicle. It is said that they were not present at the place of occurrence when the incident took place.
10. Much emphasis has been laid by the learned counsel for the applicants on the fact that the applicant no.1 is aged about 70 years, applicant no.2 is aged 80 years, applicant no.3 is aged 62 years and the applicants no.4 is aged 65 years. It is his submission that going by their age, involvements of the applicants in the present crime is patently an incredible allegation, which no reasonable person can believe to be true, plausible or possible.
11. Learned A.G.A. has strongly opposed the motion to admit this application to hearing.
12. Looking to the nature of allegations and the background in which the offence has been committed, the enormity of the disturbance that has bordered on violation of public order, resulted in damage to public property and assault on the police, it is not a matter that can be determined by this Court in the jurisdiction under Section 482 Cr.P.C.
13. In this view of the matter, this Court is not inclined at all to interfere with the impugned charge sheet or the ongoing proceedings based on it in exercise of jurisdiction under Section 482 Cr.P.C. The prayer for quashing the charge sheet is, therefore, refused.
14. However, considering the entire facts and circumstances it is directed that in case the applicants surrender and apply for bail, the courts below shall dispose of the same within a period of one week from the date of surrender in accordance with the directions of the Hon'ble Supreme Court in the case of Hussain & Anr. V. Union of India reported in AIR 2017 SC 1362.
15. With the aforesaid directions this application shall stand disposed of.
Order Date :- 27.4.2018 Shahroz/Anoop