Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15727 of 2020 Petitioner :- Shivam Pandey And 6 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- G.A.,Brajesh Singh
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard Sri Ajay Singh, learned counsel for the petitioners and learned A.G.A. for the State - respondents and Sri Brijesh Singh, learned counsel for the respondent no.4.
This writ petition has been filed praying for the following relief:;
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 22.09.2020 in Case Crime No.0165 of 2020, under Sections 147, 323, 504, 506, 3(1)D, 3(1)Gh, 3(2)(va) IPC and SC ST Act, Police Station - Naraini, District - Banda, during the pendency of the present writ petition before this Hon'ble Court.
b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in Case Crime No.0165 of 2020, under Sections 147, 323, 504, 506, 3(1)D, 3(1)GH, 3(2)(va) IPC and SC ST Act, Police Station Naraini, District - Banda, during the pendency of the present writ petition before this Hon'ble Court."
From perusal of the impugned First Information Report No.0165, dated 22.09.2020, it can not be said that no offence is made out against the petitioners.
As per FIR version there is assault on the informant and his family members. Copy of injury report filed as Annexure No.3 to the writ petition also discloses that some injuries have also been caused. Thus, prima facie it can not be said that a cognizable offence is not made out against the petitioners.
Learned counsel for the petitioners submits that the petitioner no.3 is a member of the Ward of Nagar Panchayat Naraini, District Banda and the informant - respondent no.4 is the Chairman of Nagar Panchayat, Naraini. The impugned First Information report has been lodged by the respondent no.4 as a counter blast to the complaints which were being regularly made by the petitioner no.3 against the respondent no.4 for illegalities being committed by her in the matters of Nagar Panchayat - Naraini. The allegations made in the impugned FIR are totally false and concocted.
Learned AGA and the learned counsel for the respondent no.4 have opposed the submissions made by learned counsel for the petitioners and the prayer for quashing of the First Information Report. They submit that from perusal of the First Information Report, a cognizable offence is made out against the petitioners, and, therefore, the present writ petition may be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
Accordingly, this writ petition fails and is 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.
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 :- 7.1.2021/vkg