WPCRL/2378/2022
2022 Latest Caselaw 4069 UK

SL.          Office Notes,
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                             WPCRL No. 2378 of 2022
                             Hon'ble S.K. Mishra, J.

Mr. Sandeep Kothari, learned counsel for the petitioners.

Mrs. Manisha Rana Singh, learned A.G.A. for the State.

By filing this writ petition, the petitioners have prayed for the following reliefs:

1. "Issue a writ, order or direction in the nature of certiorari to call for the record and to quash the impugned first information report dated 09.01.2022 (Annexure No.-8) registered as Case Crime No. 1184/2022, under section 147, 148, 149, 354, 452, 323, 504, 506 of IPC registered at Police Station Laksar, District Haridwar.

2. Issue a writ, order or direction in the nature of mandamus directing the official respondents not to take any coercive measures against the petitioners during the pendency of the investigation in connection with the aforesaid first information report dated 09.12.2022."

On perusal of the FIR and other documents annexed with the writ application it reveals that the complainant and the petitioners are of one family and there is dispute between them regarding the possession of certain lands.

Learned counsel for the petitioners would further submit that the FIR has been lodged only to retain illegal possession of certain lands. He would also submit that a counter FIR has been lodged against the complainant and others for committing the offences under Sections 147, 148, 323, 504 and 506 of IPC.

The record reveals that the FIR was lodged against the petitioners on 09.12.2022 and the incident took place on 06.12.2022. The FIR lodged by the petitioners against the complainant is of 11.12.2022 for an alleged incident that took place on 10.12.2022. The contents of the FIR sought to be quashed in this case reveals a cognizable case for the offences alleged. It is clearly mentioned that one Shiv Dutt assaulted the injured by means of the butt of the gun and also when one Reena Sharma came to rescue the injured, she was also assaulted.

The contents of the FIR would further reveal that the accused persons also abused the complainant and others in obscene language.

Learned counsel for the petitioners would submit that the entire allegations made in the FIR are false.

However, as per the judgment rendered by the Hon'ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others (2021 SCC Online 315), the writ court while considering an application for quashing of the FIR is not required to conduct a mini trial to find out whether the allegations made in the FIR are true or false. If a prima-facie cognizable case is made out from the contents of the FIR, then the Court should not interfere in the matter. The fact that criminal case against the complainant lodged by the petitioner cannot be a ground for quashing of the FIR.

The writ application is being devoid of merit. Hence, the same is dismissed in lemine.

(S.K. Mishra, J.) 20.12.2022 (Grant urgent certified copy as per Rules) Pooja