Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7986 of 2021 Petitioner :- Shafeeq And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioners seek for quashing of the first information report dated 30.07.2021 in Case Crime no.143 of 2020 under Section 323, 504, 506 IPC and Section 3(1) (द), 3(1) (ध), 3(2)(व) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act' 1989 (Amendment 2015), Police Station- Deogaon, District Azamgarh.
The contention of the learned counsel for the petitioner is that with regard to the incident in question, the proceeding for police chalan of the entire family of the petitioners under Section 151/107/116 Cr.P.C. had been done on 04.8.2021. The belated information of the alleged offence by lodging the first information report is nothing but abuse of process of law.
Considering the above, we may note that the first information report relating to the incident occurred on 03.08.2020 had been lodged on the order passed by the competent Magistrate under Section 156(3) Cr.P.C. As per own assertion of the petitioner, the occurrence of the incident is not disputed.
It is, thus, not possible for the Court to ascertain as to who was the wrong doer.
The merits or demerits of the allegations cannot be looked into within the scope of Article 226 of the Constitution of India. Any interference at this stage may impede the speedy investigation.
The writ petition is, accordingly, dismissed.
Order Date :- 30.9.2021 Himanshu