Court No. - 20 Case :- MISC. BENCH No. - 6376 of 2010 Petitioner :- Brijesh Chand Pandey & Anr. Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Ajay Pratap Singh,Sudhendra Pratap Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners, learned A.G.A and perused the FIR.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned FIR dated 28.05.2010 registered in
case crime 135 of 2010, under Sections 392 I.P.C. and 3 (1) (X) SC/ST Act at
Police Station Ayodhya, District Faizabad and also for direction to the
opposite parties not to arrest the petitioners in pursuance to the said impugned
FIR.
The submission of learned counsel for the petitioners is that the petitioner No.
2 has already lodged the FIR against brother of complainant. The complainant
by way of counter blast moved an application before the Chief Judicial
Magistrate under Section 156 (3) Cr.P.C. for direction to S.H.O. of police
station concerned to register and investigate the case. The Magistrate on the
said application called report from the Station House Officer, who reported
that no such occurrence as alleged by the complainant has taken place. Even
then, the learned Magistrate allowed the application of the complainant and
passed the order to lodge the FIR. The police has registered the FIR pursuant
to the order passed by the Magistrate. The accused petitioners have been
implicated on account of enmity. Therefore, they need protection during
investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioners and learned
A.G.A.
The allegations made in the FIR disclose the commission of cognizable
offence mentioned therein, therefore no ground to quash the FIR lodged by
the complainant against the petitioners is made out. The petition is devoid of
any merit and is liable to be dismissed.
The petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioners appear before the trial court and move
any bail application, the same be considered and disposed of by the courts
below expeditiously preferably on the same day.
Order Date :- 9.7.2010
Renu