Allahabad High Court
Tausif And 3 Ors vs State Of U.P. And Anr on 21 November, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 40972 of 2019 Applicant :- Tausif And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Rajiv Sisodia, learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 58 of 2017 dated 12th March, 2017 as well as the entire proceedings of Case No. 2684 of 2017 (State Vs. Sabnoor & Others) arising out of Case Crime No. 443 of 2016, under Sections 147and 500 I.P.C., Police Station-Didoli, District-Amroha, pending in the Court of Chief Judicial Magistrate, Amroha.
3. Learned counsel for the applicants submits that initially the first information report has been lodged against unknown persons and the applicants have not been named. In the first information report, only vague and general allegations have been made alleging therein that a mob of 40-50 unknown persons after surrounding, were smearing with black paint on the poster fixed on the hoarding of a Minister and burning his effigy on the main road in front of Nawada School due to which chaos was created there. The applicants have been falsely implicated in the present case by the Police due to political pressure upon them, as the father of the applicant nos. 1 and 2 are sons of Mr. Yameen, Ex-Chairman of Town Joya, District-Amroha and applicant nos. 3 and 4 are real cousin of Mr. Yameen. Except the statements of the Police, there is no public or independent witness on the basis of which it can be said that the applicants are involved in the commission of the alleged offence. Learned counsel for the applicants, therefore, submitted that the present criminal proceedings initiated against the applicants are not only malicious but also amount to an abuse of the process of the Court.
4. In view of the above, matter requires consideration.
5. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
6. Issue notice to opposite party no.2 returnable at an early date.
7. Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
8. List thereafter.
9. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid criminal case.
(Manju Rani Chauhan, J.) Order Date :- 21.11.2019 Sushil/-