KAMLESH PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT writ petition has been filed under Section 226 of the Constitution of India with the prayer for issuing a writ, order or direction in the nature of certiorari for quashing the impugned FIR dated 25. 12. 2008 registered at Case Crime No 487a/08, under section 147, 148, 149, 307, 436, 336, 352, 353 IPC, Section 7 Crl. Law Amendment Act and Section 3/6 Damage of Property Act, P. S. Kotwali, District Auraiya. Further prayer has been made for issuing a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioner in pursuance of the aforesaid FIR dated 25. 12. 2008.

(2.) WE have heard Sri Virendra Bhatia, Senior Advocate assisted by Sri Vidhu Bhushan Singh appearing for the petitioner, learned AGA for the State and perused the entire material on record.

(3.) LEARNED counsel for the petitioner has stated that murder of one Executive Engeener of P. W. D. Auraiya was committed and in that murder case, one Shekhar Tiwari, sitting MLA of BSP was also arrayed as an accused. There was serious resentment among the public from this act of the accused persons. It is alleged that some incident was committed by the petitioner along with other 19 named and 100-150 unknown persons. There was brick betting from the side of demonstrators and public property was set to ablaze.