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2016 DIGILAW 2192 (ALL)

Dhruv Narain Singh v. State of U. P.

2016-06-14

AMAR SINGH CHAUHAN, V.K.SHUKLA

body2016
JUDGMENT Dhruv Narain Singh and three others are before this Court with request to quash the F.I.R. dated 28.5.2016 of Case Crime No.0660 of 2016 under Sections 323, 504, 506, 147, 394 I.P.C. Police Station Harraiya, District Basti. 2. From the side of the petitioners it has been sought to be contended that there is a restaurant in the market of Harraiya with the name of Ashirvad Restaurant and the petitioners are the owners of the said restaurant. One Dileep Kumar son of Shiv Shanker is looking after the affairs of the said restaurant in the capacity of manager. On 27.5.2016 at 9 p.m. the Manager had been attacked by Manoj Kumar @ Lallu Singh along with his other associates with revolver, pistol and hockey whereby he received grievous injuries and loot has been committed on the spot. Immediately, thereafter F.I.R. in question has been lodged in Case Crime No.0660 of 2016 under Sections 323, 504, 506,l47, 394 I.P.C. 3. Petitioners submit that Manoj Kumar is a hardened criminal and had been prosecuted in various criminal cases and now he is a declared gangster. He has political approach and on political dictates he has succeeded in getting the present F.I.R. lodged against the petitioners on 28.5.2016 on the next day. The petitioners submit that lodging of the F.I.R in question is nothing but misuse of criminal forum and in the facts of the present case, this Court should come to rescue of the petitioner by directing the investigating agency to hold free, fair and transparent investigation into the matter and also not to effectuate arrest until it is backed by credible evidence. 4. It is true that in the present case as far as the F.I.R. in question is concerned, contents of it certainly disclose commission of cognizable offence and as there are version and cross version and prima facie subsequent F.I.R. has been lodged as a counter blast case. 5. Consequently, we proceed to pass an order directing the Superintendent of Police to appoint one officer of the rank of Circle Officer who shall monitor the investigation so that the investigation being carried out is free, fair and transparent investigation. 5. Consequently, we proceed to pass an order directing the Superintendent of Police to appoint one officer of the rank of Circle Officer who shall monitor the investigation so that the investigation being carried out is free, fair and transparent investigation. It is further directed that the arrest of the petitioners may not be effectuated unless and until there is some credible evidence to connect the petitioners with the crime in question provided that the petitioners co-operate with the investigation and not hamper with the investigation. With these observations the writ petition is disposed of.