Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Suresh Chandra Srivastava, learned counsel for the petitioners, Sri S.P. Singh, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Surya Prakash Tiwari, Kuldeep Tiwari with a prayer to issue a writ, order or direction in the nature of certioari seeking quashing of the impugned F.I.R. dated 12.07.2021 lodged by respondent no.3 registered as F.I.R. No.0268/2021, under Section 307 I.P.C., Police Station Kurebhar, District Sultanpur with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents, not to arrest the petitioners in pursuance of the impugned F.I.R.
Learned counsel for petitioners submits that the co-accused Ashok Tiwari has already been enlarged on bail by court below vide order dated 19.07.2021, a copy of the same is annexed as Annexure No.2 to the writ petition. He further submits that as per the bail order of co-accused Ashok Tiwari, it appears that no visible injury was found on the person of the injured. He further submits the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that no specific role has been assigned to the petitioners, moreover, it is a case of no injury. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned F.I.R. 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 F.I.R. He further submits that as per impugned F.I.R., the petitioners are said to be armed with fire arm weapon and shot the complainant with the intention to kill him. He further submits that alleged offence is serious in nature and petitioners' involvement in the present crime cannot be ruled out. He further submits that from a perusal of impugned F.I.R., cognizable offence is clearly made out against the petitioners, and therefore, the present writ 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 12.8.2021 Shubhankar