Allahabad High Court
Mishri And 15 Others vs State Of U.P. And 3 Others on 19 January, 2021
Bench: Pritinker Diwaker, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16865 of 2020
Petitioner :- Mishri And 15 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ashok Kumar Ram,Shailendra Kumar
Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Deepak Verma,J.
This writ petition has been filed seeking quashment of FIR dated 1.11.2020 in respect of Crime No.0265/2020 for the offence under Sections 147, 323, 504, 506, 452, 352, 427 of IPC, Police Station Dullahpur, District Ghazipur.
Leaned counsel for the petitioners submits that on 11.9.2020, one Shanker Ram, father of petitioners 1 to 3, lodged a report against the opposite parties based on which, a case under Sections 147, 323, 504, 506, 452, 307 of IPC and Section 3 (2) of SC/ST Act was registered. Subsequently, a report was also lodged on 31.10.2020 against the opposite parties under Sections 436, 326, 506 of IPC and Section 3 (2) (v) of SC/ST Act.
It has been argued that in retaliation, the impugned FIR has been lodged by respondent no.4 against the petitioners. Learned counsel submits that entire family, including ladies and minors have been implicated in an absolute false case.
On the other hand, opposing this submission, learned State Counsel submits that merely lodging of earlier reports by the petitioners, is of no help to them because for quashing the FIR, contents of the same are to be seen and not the defence. He submits that, if any of the petitioner is minor, he would be dealt accordingly. He further submits that the contents of FIR reveal that a cognizable offence is made out against the petitioners and as such, they are not entitled for any relief. In support of his contention, he relied upon the judgments of the Supreme Court in State of Telangana v. Habib Abdullah Jeelani & Others, 2017 (2) SCC 779 and Samiksha Singh @ Nikki v. State of UP and others passed in Special Leave to Appeal (Criminal) No.4650 of 2020 and also upon the decision of a Full Bench of this Court in Ajit Singh @ Muraha vs. State of UP, 2006 (56) ACC 433.
We have heard learned counsel for the parties.
From a bare reading of the impugned FIR, a cognizable offence is made out against them. Considering the law laid down in the aforesaid judgments, we are not inclined to entertain the writ petition and the same is, accordingly, dismissed.
Dismissal of writ petition shall not come in the way of the petitioners to file anticipatory bail application before the competent Court and in the eventuality of doing so, the competent Court may decide the same in accordance with law considering all the aspects of the case and the said Court will not be influenced by any observation made in the present order.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioners, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 19.1.2021
RKK/-
