Allahabad High Court
Navi Ahmad vs State Of U.P. And 3 Others on 5 October, 2020
Bench: Bachchoo Lal, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. WRIT PETITION No. - 9893 of 2020 Petitioner :- Navi Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahesh Kumar Counsel for Respondent :- G.A.,Mohd. Akbar Shah Alam Khan Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner, Ms. Saima Saher holding brief of Sri Mohd. Akbar Shah Alam Khan, learned counsel for the caveator/respondent no.4, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner seeking quashing of the F.I.R. dated 01.09.2020 registered as Case Crime No.496 of 2020, under Sections 147, 148, 149, 364, 307 I.P.C., Police Station Kareli, District Prayagraj with a further prayer not to arrest the petitioner in pursuance of the said first information report.
Learned counsel for the petitioner submits that one day prior to the alleged incident the husband of the respondent no.4 has beaten the son of the petitioner Navi Ahmad. On 31.08.2020 petitioner went for complaint to the house of informant then husband of the informant and his other family members committed marpit with the petitioner. During marpit the husband of informant fell down down and sustained injuries, thereafter this false F.I.R. has been lodged against the petitioner. No such incident has taken place. False story has been concocted by the respondent no.4, therefore, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. and learned counsel for the respondent-4 argued that the petitioner is named in the F.I.R. In first information report, it has been mentioned that on 31.08.2020 the petitioner alongwith 3-4 unkown persons dragged the husband of the respondent no.4 in a Safari car and after committing marpit thrown him in a vacant plot. In this incident the husband of the respondent no.4 was kidnapped by the petitioner and sustained injuries. Injury report has not been annexed with the writ petition. There is specific allegation against the petitioner, therefore, the impugned F.I.R. is not liable to be quashed.
In first information report it has been mentioned that the petitioner alongwith his 3-4 associates dragged the injured in a Safari Car and after committing marpit thrown him in an open field. Thereafter F.I.R. was lodged by the wife of the injured. From the perusal of the first information report a cognizable offence is made out. Therefore, we do not find any ground to interfere with the impugned F.I.R. Hence, prayer for quashing the same is, hereby, refused.
The writ petition is, accordingly, dismissed. However, if the petitioner appears and surrenders before the Court below within a period of 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 5.10.2020 Ashok Gupta