Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2845 of 2021 Petitioner :- Tanvir Ansari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Akram Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioner seeking quashing of the F.I.R. dated 20.02.2021 registered as Case Crime No. 0067 of 2021,under Sections 307, 353, 323 ,504 .506 IP.C.
Police Station- Nagina, District- Bijnor , with a further prayer not to arrest the petitioner in pursuance of the said F.I.R.
Learned counsel for the petitioner submits that the petitioner is innocent ; and that he has been falsely implicated in the present case; and that he further submits that no such incident, as alleged, has taken place. The petitioner is a registered Press Reporter in Dainik Bhaskar Daily New Paper ; and that he had gone to cover some news items of the alleged incident, some quarrel has taken place between the petitioner and the respondent; and that the respondent no.4 threatened the petitioner to face dire consequences and thereafter lodged F.I.R. against him. From the allegations made in the impugned F.I.R., primafacie, no cognizable offence is made out against the petitioner, therefore, impugned F.I.R. is liable to be quashed.
Allegations made in the impugned F.I.R. reveal that the petitioner along with three unknown persons reached on the spot and assaulted the employees of the Nagar Palika Parishad, Nagina thereby created hindrance in the discharge of their official duty. In this incident, One Shekh Khalilurrahman, respondent no.4, sustained injuries; and that he was medically examined in Government Hospital and the Doctor, who conducted his medical examination has found that all the injuries are simple in nature Per Contra - learned A.G.A. opposed the prayer of the petitioner for quashing of the impugned F.I.R. and argued that the respondent no.4, Shekh Khalilurrahman, who is Chairman, Nagar Palika Parishad, Nagina along with some employees of the Nagar Palika Parishad with J.C.B. had reached near the Jauhar Dwar to remove encroachment. In the meantime, the petitioner along with three miscreants reached on the spot and committed marpeet with them. From allegations made in the impugned F.I.R., a cognizable offence is made against the petitioner, therefore, impugned F.I.R. is not liable to be quashed.
From the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioner.
Considering facts and circumstances of the case and also taking into consideration the submissions advanced by learned counsel for the parties, we do not find it to be a fit case for quashing the impugned F.I.R., hence, the prayer for quashing the impugned F.I.R. is refused.
The writ petition is dismissed accordingly.
Order Date :- 6.4.2021 aks