MUNNA ALIAS SHAHANWAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the following main prayers :-

(2.) The facts of the case are that on 10/8/2022 at around 6.00 P.M. when the informant Smt. Siddeswari Devi and her daughter Rajni were present in her house, the accused persons Maroof, Jubair, Arif, Shamshad, Munna, S/o Sabban Fauji along with other persons of muslim community entered into the house of informant and started molesting her daughter. When the informant opposed, the accused Munna fired on chest of informant. Fortunately, due to missing of cartridge, it could not be fired. The accused Munna inquired about the whereabouts of her son Nanhe as he was leading the tricolor flag yatra on the occasion of their festival (Muharram). The accused persons gave threat that they will kill her son. When the informant raised her voice for help the neighbours reached on the spot to rescue them. At that time the accused persons started firing shots. On intervention of the neighbours, the accused persons returned back by extending threat.

(3.) The F.I.R. of the occurrence was lodged at Police Station Pali, District Hardoi at 6.53 P.M. on the same day vide Case Crime No. 305/2022, under Sec. 452, 354, 307, 506 I.P.C. It has also been mentioned that Sec. 7/8 of the POCSO Act had also been added in the case. Subsequently the son of informant Nanhe lodged another F.I.R. on the same day at 7.47 P.M. in the same police station with the allegation that at 7.00 P.M. the accused persons Rijwan, Sainiyaz, Rahmat Ali @ Monu and Riyasat and other approximately 200 unknown persons came to the house of the informant Nanhe with the common intention to kill the informant. They started stone pelting and abusing. The accused Rizwan and some other persons opened fire but the family members of the informant somehow saved their lives. It has also been alleged that one day prior, the informant had received life threat near Imam Chowk Imambara. Accordingly the F.I.R. was registered in the same police station at 7.47 P.M. vide Crime No. 306/2022 under Ss. 147, 148, 149, 336, 504, 506, 307 IPC and Sec. 7 Criminal Law Amendment Act. Further on 12/8/2022 at about 6.10 A.M. on the information of the informant the Station Officer of Police Station Pali, District Hardoi arrested accused Munna, S/o Sabban Fauji, Maruf, S/o Ismail, Shamshad, S/o Sajjad, Risalat, S/o Salamat, Sainiyaz, S/o Sabban. The police persons recovered two country made pistols of .315 Bore and .32 Bore along with two cartridges from the possession of Munna. He could not produce the licence of firearms. The Station Officer, Police Station Pali, District Hardoi arrested them and lodged the F.I.R. under Sec. 3/25 Arms Act vide Crime No. 307/2022 against accused Munna @ Shahanwaz.