MOHAMMAD TALHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure, 19731, seeking to quash the entire proceedings of Criminal Case No. (R) 6205 of 2020 (Computerized Criminal Case No. (C) 605/2020), State v. Aasif Chandan and others (arising out of Case Crime No. 246 of 2019), under Ss. 323, 332, 336, 352, 395, 427, 435, 504, 506 and 120B of the Indian Penal Code, 1860, Sec. 7 of the Criminal Law (Amendment) Act, 1932 and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station Dakshin Tola, District Mau, pending the Court of the Chief Judicial Magistrate, Mau.

(2.) Heard Mr. Vijay Kumar Mishra, learned Counsel for the applicants and Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate along with by Mr. Abhijeet Mukherji, learned State Law Officer appearing on behalf of the State of Uttar Pradesh

(3.) A First Information Report2 was lodged by Nihar Nandan Kumar, Station House Officer, Police Station Dakshin Tola, District Mau, regarding an incident dtd. 16/12/2019 in the aftermath of the widespread protest in the country relating to the Citizenship (Amendment) Act, 2019, the National Register of Citizens3 and Citizenship (Amendment) Bill, 20194. The FIR reported that on 16/12/2019, at half past two in the afternoon, a large multitude of people, who were 900-1000 strong, congregated at a certain Mirzahadipura. They were protesting against the NRC and the CAB They were shouting slogans and proceeded to the Mirzahadipura crossing. They shouted slogans there and obstructed public streets. Some of them proceeded again to the crossroads, where some others joined. The congregation of these protestors was addressed by the District Magistrate, the Superintendent of Police, the Additional Superintendent of Police, the City Magistrate and other administrative officers present, but the mob, which has been described as those of rioters, were not prepared to heed counsel. There were also efforts made by other respectable citizens of District Mau, including Imams of mosques and other police officers, but to no avail. The aggressive members of this unlawful assembly, according to the FIR, abused the Chief Minister, the Prime Minister, the Superintendent of Police and the other administrative officers. They exhorted members of the unlawful assembly to do the police and the administrative officers to death. At this juncture, the members of the unlawful assembly turned violent and assaulted the Police, the administrative officials and other members of the public with an intent to kill. They hurled brickbats and opened fire with illicit weapons on the Police and the administrative officers with an intent to kill. They also hurled petrol bombs. It is reported that during this period of time, some sniping was also done, employing illicit weapons from rooftops and brickbats were also hurled. All these acts of violence led to public order being torn asunder. The shopkeepers in the neighbourhood pulled down their shutters and the passers-by, including the journalists et cetera made good their escape, abandoning their motorcycles and vehicles. The rioters, who are said to be about 600-700 strong, at this juncture, could not be controlled by any means. On the orders of the District Magistrate, the members of the unlawful assembly were warned for 10-15 minutes on loud-hailers. However, when nothing worked to restore order, the Police resorted to a light lathi-charge. At this stage, the rioters hurling bombs, brickbats and also taking potshots from their illicit weapons, escaped through different routes. They set afire dozens of motorcycles belonging to members of the public and the police force, besides government vehicles, that were four-wheelers. These were badly damaged. Finally, under the orders of the District Magistrate, in order to control the still ongoing rioting, tear gas shells, numbering about 50, were lobbed, besides chilly bombs. Thereupon, all the rioters escaped towards Rampur Chakiya. This violence had continued up to 06:30 in the evening. The FIR mentions that the rioters who were attacking the police force and indulging in acts of incendiarism were identified by police personnel present. Those identified have been named in the F.I.R.