KALAM UDDIN Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dtd. 3/3/2023 passed by C.J.M., Prayagraj whereby an application moved by the petitioner in Case No. 1556 of 2022 (State vs. Lallu @ Abdul Mahboob and others) under Ss. 147, 148, 307, 323, 341, 504 IPC, P.S. Mau Aima, District Prayagraj, has been dismissed.

(2.) The brief facts of the case relevant for the purpose of present writ petition are that the petitioner lodged an F.I.R. on 12/8/2022 at 13:52 hours against Waseem @ Gabbar and five others, named accused persons with averments that on 12/8/2022, the informant was coming back to home at around 10:00 AM after participating in Fatiya at the place of his friend Munnan, the accused Waseem acting under conspiracy, way laid him and his companions; they started abusing him and his companions Mohd. Amir, Jafee Arsad, Mohd. Izhar and on exhortation of accused persons; accused Shadab had opened fire on him in which he suffered firearm injury on his left hand and on being given beating by lathi danda by accused persons, Mohd. Amir, Mohd. Izhar and Jafee Arshad suffered head injury.

(3.) In injury report of the informant Kalamuddin, one lacerated wound 1.5 X 0.3 cm muscle deep was found on his left hand, which was referred for x-ray; after conducting x-ray examination, he was admitted to SRN hospital Prayagraj on 12/8/2022 and was discharged on 18/8/2022; doctor has reported that patient managed operatively by foreign body removal from left arm on 16/8/2022; other injured persons, who also suffered head injury and substantial injury on their person, however, in x-ray of his skull, no fracture was found; police investigated the offence and submitted charge-sheet against four named accused persons in aforesaid charges on 5/11/2022. However, on account of accused Waseem @ Gabbar have still at large, investigation is kept pending against him. Present petitioner being aggrieved by inaction of police in apprehending accused Waseem for long time moved complaint to police commissioner and other higher authorities of police through registered post on 23/12/2022, wherein, he stated that NBW was issued against him on 13/10/2022 but even after lapse of period of two months no action has been taken against him under Sec. 82 Cr.P.C. and said accused is threatening him and his family members to withdraw the case lodged against him; petitioner also moved an application on 3/3/2023 before the court below, wherein, he stated that accused Waseem has not been arrested by the police as yet despite the fact that court has issued warrant of arrest against him on 13/10/2022 but failed to arrest him even after lapse of four months thereafter and said accused is threatening the informant and injured witnesses and their family members to withdraw cases against him; he also stated that his brother is serving in police department and for that reason an understanding has reached between him and police officials that he will not be arrested and his name will be dropped from the case; he prayed for ensuring arrest of said accused Waseem by complying relevant legal provision; the court below, in a cryptic order dismissed the said application by observing that as the investigation has carried out in the matter, a person cannot be directed to be arrested during investigation.