Manoj Kumar vs State Of U.P. Thru Secy. Home And ...
2021 Latest Caselaw 8360 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 15337 of 2021
 

 
Petitioner :- Manoj Kumar
 
Respondent :- State Of U.P. Thru Secy. Home And Ors.
 
Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly
 
Counsel for Respondent :- G.A.,Neeraj Singh
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Narendra Kumar Johari,J.

Heard Shri Hemant Kumar Mishra, learned counsel for the petitioner, Shri Neeraj Singh, learned counsel for the caveator/informant and Shri Anurag Kumar Singh, learned A.G.A. for the State-respondents and perused the record.

The present writ petition has been filed by the petitioner, Manoj Kumar, seeking a writ of certiorari quashing the impugned F.I.R. dated 10.06.2021 registered as FIR No.195 of 2021 under Sections 143, 147, 148, 149, 341, 323, 324, 307, 308, 504 of I.P.C. read with Section 7 Criminal Law Amendment Act, 2013 at Police Station Fatehpur-84, District Unnao and now transferred to police station Bangarmau, District Unnao with a further prayer to stay the arrest of the petitioner and also directing the opposite party no.1 to forthwith constitute a State Level Medical Board for examining the fake injury report dated 10.05.2021 prepared by the Emergency Medical Officer, USD, District Unnao, and X-Ray report dated 12.05.2021 prepared by the Consultant Radiologist USD, Unnao.

Learned counsel for the petitioner argued that the family of both sides are residents of same village i.e. Village Antwa. He argued that the mother-in-law of complainant/respondent no.5, namely, Anuradha Singh, got elected as Pradhan. In the said election, the wife of the petitioner, Meenu Devi, also contested the election for post of Pradhan against the General seat reserved for ladies against the mother-in-law of the complainant, namely, Anuradha Singh. Aggrieved by the fact that the wife of the petitioner, being a backward class woman, contested the election for the post of Pradhan, the respondent no.5 along with other persons armed with fire arm weapons and lathis attacked the house of the petitioner, as a consequence of which the real nephew of the petitioner, namely, Deepak, died on spot on account of fire arm injury caused by one Randhir Singh. He argued that in the alleged incident, the mother and wife of the petitioner have received injuries. He further submitted that post mortem report of deceased nephew of the petitioner (Deepak) is annexed as Annexure no.7 to the writ petition, which shows fire arm entry wound and contusion swelling on front chest on his person and injury report of mother and wife of the petitioner is also annexed as Annexure no.8 to the writ petition, which shows that all the injuries were caused by a blunt and hard object. Thereafter, the petitioner lodged an FIR against seven persons on 08.05.2021, which was registered as FIR No.0149 of 2021 under Sections 147, 148, 149, 302, 504 IPC read with Section 7 Criminal Law Amendment Act, 2013 at Police Station Fatehpur-84, District Unnao.

It has further been argued by the learned Counsel for the petitioner that as the petitioner's life was at risk, he sent a written complaint dated 11.05.2021 to the Director General of Police, Lucknow and on the very next date the petitioner also preferred a written complaint for transfer of the investigation from police station Fatehpur-84 to any other police station. Aggrieved by the fact that no fair and impartial investigation was being carried out, he approached this Court by filing Writ Petition No.11013 (M/B) of 2021 praying for arrest of the accused person in which the Investigating Officer was directed to conclude the investigation of the present case within a period of six weeks from today and submit a police report under Section 173 (2) Cr.P.C. before the Magistrate concerned, expeditiously, in accordance with law. In the meantime, the respondent no.5 has lodged the impugned F.I.R. by making a bald allegations against the petitioner on the dictate of the Secretary (Home), U.P., Lucknow, hence the impugned F.I.R. is liable to be quashed.

Learned counsel for the petitioner, while drawing attention of this Court towards the judgment of the Apex Court in the case of Naman Singh alias Naman Pratap Singh and another vs. State of U.P. and others reported in 2019 (2) SCC Page 344, wherein it has been held that the Administrative Officers are not empowered to direct the police to register an FIR on the basis of private complaint lodged before him and it is open to the complainant to approach through legal procedure as provided under the statute for redressal of his/her grievance, has argued that the police has registered the FIR on the direction of Secretary (Home), U.P. Lucknow. The complainant instead of first moving a written application under Section 156(3) Cr.P.C. directly obtained an order for registration of the impugned FIR from Secretary (Home), U.P. Lucknow, thus, the present impugned FIR, lodged by the respondent no.5 against the petitioner levelling false allegations 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 petitioner in the impugned FIR that the petitioner on account of political enmity abused and assaulted the family of respondent no.5. The petitioner with the intention to kill fired on husband of respondent no.5 and others. It is further submitted that it is clearly evident from the medical examination report (Annexure No.11 to the writ petition) and X-ray report (Annexure no.12 to the writ petition) of husband of respondent no.5 that two injuries are sustained by the injured from fire arm weapons, therefore, the present writ petition is liable to be dismissed.

Having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR and also the law laid down by the Apex Court in Neeharika Infrastructure Private Limited vs. State of Maharashtra (Criminal Appeal No. 330 of 2021, decided on 13.04.2021), we deem it appropriate to mention here that the legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. The Courts should not ordinarily interfere with the investigations of cognizable offences. However, where the allegations made in the FIR or the complaint even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the FIR or the charge-sheet may be quashed in exercise of powers under Article 226 or inherent powers under Section 482 of the Cr.P.C.

Considering the aforesaid and the fact that both sides have lodged F.I.Rs and also sustained injuries and further investigation is at initial stage, we are of the considered view that the submissions advanced by the learned Counsel for the petitioner call for determination on questions of fact which may be adequately discerned either through proper investigation or which may be adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial Court in case a charge sheet is submitted in this case. The perusal of the record makes out, prima facie, offences at this stage and there appears to be sufficient ground for investigation in the case.

In view of the aforesaid, considering the allegations made in the FIR and material brought on record, it cannot be said that no prima facie case is made out against the petitioner, rather there appears to be sufficient ground for investigation in the matter. Accordingly, we do not find any justification to quash the impugned F.I.R.

The petition lacks substance 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.

.

(Narendra Kumar Johari, J.) (Ramesh Sinha, J.)

Order Date :- 22.7.2021

Anand/-