NAGINA DEVI Vs. STATE OF UP

JUDGEMENT

(1.) BY this petition, petitioners have sought relief of writ of certiorari for quashing the First Information Report dated 17.5.2010 lodged against them under Sections 147, 148, 452, 324, 323, 504, 506 I.P.C. registered as Case Crime No. 244 -A of 2010 at P.S. Kuber Sthan, District Kushi Nagar, contained in Annexure -1 of the writ petition and further relief in the nature of mandamus commanding the respondents and their sub -ordinate officials not to arrest the petitioners in pursuance of aforesaid case crime and to issue any other suitable writ, order or direction which this Court may deem fit and proper in the circumstances of the case have also been sought for.

(2.) THE aforesaid reliefs are grounded on the facts that the aforesaid F.I.R. dated 17.5.2010 was lodged against the petitioners by respondent no.4 as counter -blast of two F.I.R. lodged by the petitioners; one of which was registered as Case Crime No. 244 of 2010 under Sections 147, 323, 504, 506 I.P.C. at P.S. Kuber Sthan, District Kushi Nagar, on 16.05.2010 though it was not registered in proper sections and another F.I.R. was registered as Case Crime No.221 of 2010 under Sections 147, 376, 354, 504, 506 I.P.C. at P.S. Kuber Sthan, District Kushi Nagar.

(3.) IT is stated that on 20.4.2010 the Station Officer, P.S. Kuber Sthan, District Kushi Nagar had challaned/sent the petitioners no.1, 2 and 3 alongwith Adya Singh under Section 107, 116, 151 Cr.P.C. and had brought them before Sub Divisional Magistrate, Padrauna. When they were brought before Sub Divisional Magistrate, Padrauna, they had moved application to be released on bail but Sub Divisional Magistrate concerned did not accept their request instead thereof sent them to District Jail, Deoria. Thereafter, they were bailed out on 22.4.2010 and released from jail on 23.4.2010. Thereafter the petitioner no.1 had approached the Police Station Officer, P.S. Kuber Sthan to register the aforesaid case but by abusing the petitioner no.1 Station Officer of said Police Station had refused to register the FIR against himself and other police personnels and Ramayan Prasad Chauhan. Aggrieved by said refusal the petitioner no.1 had sent an application through registered post for registering the aforesaid case crime to the Superintendent of Police, District Kushi Nagar purported to be U/s 154 (3) of Cr. P. C. but when no F.I.R. was lodged against the aforesaid police personnels and Ramayan Prasad Chauhan, then on 1.5.2010 an application was moved before A.C.J.M., Kasia District Kushi Nagar for lodging an F.I.R. against the aforesaid police personnels and Ramayan Prasad Chauhan, Village Pradhan of the said village. Thereupon on 3.5.2010 while exercising the power U/s 156(3) Cr. P. C. A.C.J.M., Kasia had directed the Circle Officer, Sadar, Padrauna, District Kushi Nagar to lodge an FIR of aforesaid crime at P.S. Kuber Sthan against the aforesaid persons and investigate the same. Thereupon on 4.5.2010 an FIR was lodged against Sri Mohan Ram, Station Officer, P.S. Kuber Sthan, District Kushi Nagar, Constables Munna Upadhyay, Vimal Kumar Pandey, Jai Prakash Singh, P.S. Kuber Sthan, District Kushi Nagar and Ramayan Prasad Chauhan S/o Ram Raksha Chauhan, Village Pradhan of Badgaon, P.S. Kuber sthan, District -Kushi Nagar under Sections 147, 376, 354, 504 and 506 IPC and registered as Case Crime No. 221 of 2010 at P.S. Kuber Sthan, District Kushi Nagar. The copy of aforesaid FIR is on record as Annexure -2 of the writ petition.