Court No. - 20 Case :- MISC. BENCH No. - 6972 of 2010 Petitioner :- Mohammad Alam @ Pappu Dabba Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Aslam Javed Siddiqui,Gufran Jamshed Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State as
well as perused the record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned First Information Report dated
23.6.2010 lodged by the Opposite Party No. 4 at Crime Nos. 255/2010 &
256/2010, under Sections 147/148/149/307/352/353/224/511/341/336/504
IPC & 9, 44, 51, 39, 50 Wild Life (Protection) Act, 1972 and 7C LA Act
registered at Police Station Chowk, District Lucknow and also for direction to
the opposite parties not to arrest him in pursuance of the said impugned First
Information Report.
The submission of learned counsel for the petitioner is that as per version of
the First Information Report, Ram Autar was selling birds of protected
verities. He was arrested by the police and officials of the Wild Life
Department. He called others for his rescue consequently so many persons
gathered there including the petitioner who tried to get Ram Autar freed from
the clutches of the police and officials of the Wild Life Department. Ram
Autar and the others were arrested but the petitioner is said to have escaped
away from the spot. In fact the petitioner was not present there. He has been
falsely implicated in this case. He, therefore, deserves protection.
Learned A.G.A. opposed the petition.
We have gone through the contents of the First Information Report which
disclose the commission of cognizable offence and as such it cannot be
quashed.
The Writ Petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioner appears before the court below and moves
any application for bail, the same will be disposed of by the court below
expeditiously.
Order Date :- 27.7.2010
Santosh/-