Allahabad High Court
Shah Mohammad vs State Of U.P. And 2 Others on 8 September, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 8959 of 2020 Petitioner :- Shah Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mir Sayed Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Learned counsel for the petitioner states that he could not file the certified copy of the impugned F.I.R. and prays for exemption. The exemption application is allowed.
Heard Sri Mir Sayed, learned counsel for the petitioner, Ms. Archana Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 20.12.2019, registered as F.I.R./Case Crime No.362 of 2019, under Sections 147, 148, 149, 332, 353, 336, 307, 188, 427, 34 I.P.C., 1860 & Section 3/4 and 109 of Prevention of Damages to Public Property Act, 1984 and Section 7 of Criminal Law (Amendment) Act 1944 and Section 27 of Arms Act,Police Station Babupurva, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the impugned F.I.R was registered against the eight named accused persons and 4-5 thousand unknown persons regarding an incident which is said to have been taken place on 20.12.2019. After lodging of the impugned F.I.R, the learned Chief Metropolitan Magistrate, Kanpur Nagar issued a show cause notice dated 4.1.2020 under compensation determination to the petitioner and the petitioner challenged the said show cause notice dated 4.1.2020 issued by A.D.M. (City), Kanpur Nagar, before this Court by means of filing Crl. Misc. Writ Petition No.6753 of 2020, which was dismissed as withdrawn by a Coordinate Bench of this Court on 7.7.2020, as the same was not maintainable, a copy of said order is annexed at page-35 of the writ petition. He further submitted that the petitioner has now challenged the impugned F.I.R. on the ground that he is not named in the impugned F.I.R. as large number of unknown accused were shown to have been involved in the present case along with the eight accused persons who were named in the F.I.R. and four accused persons were arrested on the spot. He argued that the allegation which has been levelled against the eight accused persons including 4000 to 5000 unknown persons appears to be general in nature and complicity of the petitioner appears to be a false one in the present case. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the incident which has taken place in protest of C.A.A. has caused the damage to public property and it appears that the F.I.R. which was registered on 20.12.2019, the same being challenged by the petitioner as his complicity has been found during the course of investigation and at the relevant point of time Section 144 Cr.P.C. was imposed at Kanpur Nagar. Moreover, the other co-accused persons who surrendered, have obtained bail from the competent Court and the petitioner may also apply for bail from the competent Court.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Further, the allegation in the F.I.R. shows that how the unruly mob attacked the police party with petrol bombs, acid bombs, brick-bats etc. and caused damage to public property. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition 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 oncerned 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.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 8.9.2020/NS