Disposed

Siraj Alias Mahmuwar Rahman and 4 Others v. State of U.P. and 3 Others

Allahabad HC16 Jun 2020CRLP/5514/2020

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR lodged after a civil land decree execution dispute under the SC/ST Act, 1989. The High Court denied relief but stayed proceedings till submission of the police report under Sec 173 CrPC, subject to cooperation and non-interference. The Writ Petition is disposed.

What did the court decide?

Certiorari denied; stay of proceedings granted pending submission of police report under s. 173(2) Cr.P.C. subject to cooperation and non-interference.

Siraj Alias Mahmuwar Rahman and 4 Others Vs State… — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 50

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5514 of 2020 Petitioner :- Siraj Alias Mahmuwar Rahman And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awdhesh Narayan Srivastava Counsel for Respondent :- G.A.

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Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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The present writ petition under Article 226 of the constitution of India has been filed by Siraj @ Mahmuwar Rahman, Samad @ Abdul Samad, Qashif @ Abutalah and Shamshamul Haq with prayer for issuance of writ of certiorari for quashing the first information report dated 05.03.2020 registered as Case Crime No. 42 of 2020 under Sections 147, 323, 504, 3(1) (dha) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Deedarganj, District Azamgarh.

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Learned counsel for the petitioners argued that there was a civil dispute regarding land in question wherein there is decree in favour of petitioners. It was got executed whereupon demarcation was made. Subsequently, it was damaged, for which report was lodged. Ultimately, as a counterblast, this first information report was lodged, wherein there is no injury and it is a case of simple hurt wherein minor accused has also been implicated hence, this petition with above prayer.

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Learned AGA has vehemently opposed the prayer of the petitioners.

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Having heard learned counsel for both sides and gone through material placed on record it is apparent that accusation was got lodged as above and the factual aspect is to be investigated by Investigating Officer. This Court, in exercise of writ jurisdiction, may not comment upon factual aspect, rather it is to be seen at appropriate stage by appropriate means. However, there is no ground for grant of relief, as prayed for, but there is sufficient ground for protection till submission of police report u/s 173(2) Cr.P.C. provided petitioners shall cooperate with the investigation and do not interfere or temper with evidence.

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The writ petition is finally disposed of with above observations accordingly.

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Order Date :- 16.6.2020/Md Faisal

Siraj Alias Mahmuwar Rahman and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Siraj Alias Mahmuwar Rahman and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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