Manurojan Yadav v. State Of U.P. And 3 Others

Heard learned counsel for the petitioner and learned AGA for the State. Prayer made to quash the First Information Report registered as Case Crime No.0097 of 2022, under Sections 147, 148, 149, 332, 333, 353, 307, 427, 336, 290, 291, 120-B, 188, 436 IPC, Section 7 Criminal Law Amendment Act, 1932 & Section 3/4 Prevention of Damages to Public Property Act, 1984, Police Station Chauri-Chaura, District Gorakhpur, cannot be considered by us directly in a writ petition, inasmuch as there are specific allegations with regard to commissioning of cognizable offence in which various injuries have been caused by members of public to the police personnels and various public properties have been destroyed. Petitioner's contention that he had no role to play cannot be examined in the matter, at this juncture. Since the First Information Report prima facie discloses commissioning of a cognizable offence, the prayer made to quash the First Information Report cannot be accepted in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779, as also in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315. Prayer made in that regard is, therefore, declined. Leaving it open for the petitioner to seek appropriate protection under the Code of Criminal Procedure, this writ petition is consigned to records. Order Date :- 4.4.2022 Anil PATEL Reason: Location: High Court of Judicature at Allahabad