Allahabad High Court
Sohanveer Singh Tomar And 3 Others vs State Of U.P. And 3 Others on 20 August, 2020
Equivalent citations: AIRONLINE 2020 ALL 1775
Bench: Manoj Misra, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 7024 of 2020 Petitioner :- Sohanveer Singh Tomar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prateek Rai,Neeraj Rai,Rakesh Pande (Senior Adv.) Counsel for Respondent :- G.A.,Vinay Kumar Singh Chandel Hon'ble Manoj Misra,J.
Hon'ble Samit Gopal,J.
Heard Sri Rakesh Pande, learned Senior counsel for the petitioners, learned A.G.A. for the respondents 1, 2 and 3 and Sri Vinay Kumar Singh Chandel, learned counsel for the respondent no. 4, and perused the record.
The instant petition seeks quashing of the first information report dated 24.06.2020 registered as Case Crime No. 1078 of 2020, under Sections 147, 323, 352, 504, 506 & 307 IPC, P.S. Sihani Gate, District Ghaziabad.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are absolutely false and malafide. The petitioner no. 1 runs a medical shop in the name and style of Om Medical Store, on rent, in the premises of Om Medical Centre, the hospital set up and run by Dr. Gaurav Sirohi and Dr. Nishi Sirohi, who are son and daughter-in-law of the informant (respondent no. 4). It has been submitted that the petitioner no. 1 has a drug license from the Drug Licensing Authoriy, Ghaziabad, U.P. clearly disclosing the address as B-209, Ashok Nagar, Ghaziabad. It has been submitted that on account of property dispute false allegations have been levelled and even if the allegations are taken to be correct, no offence punishable under Section 307 I.P.C. is made out more so because the allegations are not supported by any injury.
Learned counsel for the first informant has submitted that the allegations made in the impugned FIR disclose that an attempt was made to run over the informant by a Scorpio vehicle driven by the accused and by chance the informant escaped injuries.
Be that as it may, as the allegations made in the first information report disclose commission of cognizable offence and correctness of the allegations would have to be tested on the basis of material collected during the course of investigation, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts of the case, keeping in mind that there may be a dispute between the parties relating to occupation of shop as also that no serious injury has been sustained by the other side, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners namely Sohanveer Singh Tomar, Pramod Singh Tomar, Somveer Singh Tomar and Vikas Tomar shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co-operate in the investigation.
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.
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.
Order Date :- 20.8.2020 AS Rathore