Allahabad High Court
Kalawati Tiwari & Ors. vs State Of U.P. Thru. Prin. Secy. ... on 12 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 14327 of 2021
Petitioner :- Kalawati Tiwari & Ors.
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow & Ors.
Counsel for Petitioner :- Rama Pati Shukla
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
The Court has convened through Video Conferencing.
Heard Shri Rama Pati Shukla, learned counsel for the petitioners and Ms. Meera Tripathi, learned AGA for the State-respondents.
The present writ petition has been filed by the petitioners, seeking quashing of the impugned F.I.R. dated 28.06.2021 lodged as FIR No.0092 of 2021 under Sections 147, 148, 323, 504, 506, 427, 308, 324 of I.P.C. at police station Bhiti, District Ambedkar Nagar with a further prayer to stay the arrest of the petitioners.
Learned counsel for the petitioners argued that respondent no.4 had encroached the old path of village against which father of petitioner no.3 instituted Original Suit No.192 of 1998 before the Civil Judge (Junior Division), District Ambedkar Nagar and the said Court issued notices to the defendants but since they did not appear before the Court the learned Civil Judge proceeded ex-parte and decreed the Suit vide judgment and order dated 06.12.2014. Inspite of the said decree passed by the competent Civil Court respondent no.4 had been encroaching the said path in question. Aggrieved by the same petitioner no.3 moved an application to the Sub-Divisional Officer, Bhiti, Ambedkar Nagar to remove the encroachment made by respondent no.4 and upon the orders of Sub-Divisional Officer the said encroachment was removed. Thus, the present impugned FIR has been lodged by respondent no.4 against the petitioners just for harassment and with oblique motive, hence the present impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioners in the impugned FIR that the petitioners armed with lathi, danda, iron rod, sickle and bricks started removing the tin shade and assaulted the respondent no.4 and his family and the wife of respondent no.4 sustained severe head injury and the sister of respondent no.4 also sustained severe head and hand injury and his finger was also cut by one of the petitioners by sickle in head, therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners that the petitioners armed with sharp edged weapons assaulted the respondent no.4 and his family members and they sustained severe head injuries, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner and accordingly, the present writ petition 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, 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.
(Narendra Kumar Johari, J.)(Ramesh Sinha, J.)
Order Date :- 12.7.2021
Arnima
