Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Ajay Singh holding brief of Shri Gyanendra Pathak, learned counsel for the petitioners, Ms. Nand Prabha Shukla, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the record.
This writ petition has been filed by the petitioners Wasim, Dharamraj Singh, Anil Singh, Pawan Singh, Akhand Singh and Rudra Pratap Singh @ Saksham with the prayer to issue a writ of certiorari to quash the impugned F.I.R. dated 05.07.2021 bearing FIR No.0086 of 2021, under Sections 147, 148, 149, 323, 504, 506, 452, 354 I.P.C., Police Station Ranipur, District Bahraich with a further prayer to not arrest the petitioners pursuant to impugned FIR.
It has been argued by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in the present case due to political rivalry. He further argued that petitioner no.2 was a winning candidate in the election of Village Pradhan and the respondent no.4 was in the rival party. Aggrieved by the result of the panchayat election, respondent no.4 has filed an election petition before the Sub-Divisional Magistrate, Tehsil Payagpur, District Bahraich, in which the proceedings are going on. He further submits that petitioners no.1, 3, 4, 5 and 6 are the well wishers of petitioner no.2. He next argued that it is a case of no injury. The impugned FIR has been lodged against the petitioners just for harassment with oblique motive. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submits that petitioners are named in the FIR and Section 325 I.P.C. has been added during the course of investigation. She further submits that from a perusal of F.I.R. it cannot be said that no cognizable offence is made out against the petitioners, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which discloses cognizable offence against the petitioners in the present case, 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.
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, before the concerned Court/Authority/Official.
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.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2021 Anand/-