High Court · 2025 on 10 Jul 2025

Judgment

1. By this writ petition, the petitioners pray that the First Information Report (FIR) dated 24.11.2024, giving rise to Case Crime No.0305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 121(1), 324(5), 326(g), 309(4), 132 of the Bharatiya Nyay Sanhita, 2023 (for short, 'BNS') and Section 7 of the Criminal Law (Amendment) Act, 2018 and Section 2/3 of the Prevention of Damage to Public Property Act, 1984, Police Station Nakhasa, District Sambhal, be quashed.

Heard Mr. Saurabh Yadav, learned Counsel for the petitioners in support of the motion to admit this petition to hearing and Mr. Deepak Mishra, learned Additional Government Advocate, appearing on behalf of the State.

3. According to the FIR impugned, on 24.11.2024, the first informant, Sub-Inspector Shah Faisal, posted at Police Station Nakhasa, District Sambhal at 08.24 a.m. in the morning set about his duty on his private Bullet motorcycle, bearing registration No. UP38M8166, carrying with him his service weapon/ pistol, accompanied by Constable No.551 Gopal Singh, who was armed with a tear gas gun and 10 tear gas shells, besides Constable No.1207, Nishant Malik armed with an anti-riot gun and 15 blank cartridges as well as plastic 2 pellets. He also had a riot control instrument. The constables were riding a Government Leopard Motorcycle, Apache Make, bearing registration No. UP38AG0168. The informant had set about this duty of his in connection with the scheduled survey of the Harihar Mandir in the Jama Masjid, Sambhal, ordered by the Court for the purpose of maintaining peace, and law and order. This team of policemen were about their task in the Police Chowki Deepa Sarai area, when they got information that in protest against the survey, that was underway at the Jama Masjid, Sambhal under orders of the Court, a multitude of people had gathered at the Nakhasa Crossing. According to the first informant, upon receipt of this information, he along with the constables riding the Police Leopard, headed for the Nakhasa Crossing. At about 35 minutes past noon time, an assemblage of people, numbering 150-200, destroyed the CCTV Camera installed at the Nakhasa Crossing and with a common intention, armed with hockey sticks, sticks and brickbats, assaulted the informant and his companion policemen, with an intention to do them to death. The informant says that he and his companions riding the Leopard, besides policemen, who were already present there, to wit, Sub- Inspector Virendra Kumar, Head Constable No. 230 Vinesh Kumar, Constable 981 Pushpendra Kumar, Constable 1321 Sunny, Constable 1343 Akshay Tyagi made their best efforts to persuade this unlawful assembly to desist from the course of violence, but they did not relent. The information further on says Gulbuddin Hikmatyar son of Ikram, a resident of Sarayatarin, P.S. Hayatnagar, Sambhal, Sultan Arif son of Shafin Akhtar, a resident of Hindupura Kheda, P.S. Nakhasa, Sambhal, Hasan son of Shamim, a resident of Mohalla Hindupura Kheda, P.S. Nakhasa, Sambhal, Munna son of 3 Jabbar, resident of Samman Shaheed, Hindupura Kheda, P.S. Nakhasa, Sambhal, Faizan son of Mahfooz, a resident of Mohalla Raisatti, P.S. Nakhasa, Sambhal, Samad son of Bhura, a resident of Samman Shaheed, Hindupura Kheda, P.S. Nakhasa, Sambhal, besides unknown members of the unlawful assembly with a view to do the members of the police force to death and obstruct them in the discharge of their official duties, hurled a volley of brickbats at them and assaulted them employing sticks. The police party did their best to persuade the members of the unlawful assembly to desist from violence, but these men with a common intention set afire the informant's private Bullet motorcycle, bearing registration No. UP38M8166 and the Government Leopard Apache Motorcycle, bearing registration No. UP38AG0168. The members of the unlawful assembly attempted to snatch away the service pistol from the informant, which the informant held on to with all his strength. Despite that, the rioters were able to take away the pistol's magazine together with ten rounds of 9 mm cartridges. The aforesaid depredations of the accused led to an immediate atmosphere of terror to engulf the area. The locals, out of fear, closed shop and those residing locked themselves up in their homes. Public order was completely disturbed.

4. The informant, accompanying policemen, fired ten rounds of blank cartridges from the anti-riot gun and ten rounds of plastic pellets, besides lobbing five tear gas shells in order to save themselves. They were able to save themselves, utilizing these weapons at their disposal. The informant immediately contacted the Station House Officer over phone, asking for help, sending re-enforcement. This led to arrival of police force on the spot in stronger numbers, with whose help, employing mild force, the rioters could be dispersed. It is said in the FIR 4 that the unlawful assembly had violated prohibitory orders, promulgated by the District Magistrate under Section 163 BNSS. In the assault, the informant besides Constable No.551 Gopal Singh and Constable No.1207 Nishant Malik were injured. The informant has said in his written information that the offence is of serious nature and that an FIR be lodged, besides sending the injured policemen for their medical examination. The FIR was registered at 7.15 p.m. on

24.04.2024.

5. It is argued by Mr. Saurabh Yadav, learned Counsel for the petitioners that the two petitioners, Mohd Faizan son of Zafeer Ahmad and Mohd Ata son of Sharif Khan, are not named in the FIR. The FIR has been lodged against six named, besides 150-200 unnamed offenders. Co-accused Shahnawaj has been admitted to anticipatory bail by a learned Single Judge of this Court in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No.- 3666 of 2025 vide order dated

12.05.2025, to which our attention has been drawn during the course of Mr. Yadav's very extensive and persuasive submissions. Mr. Yadav further points out that another FIR relating to the same crime, bearing Crime No. 304 of 2024, has been registered at 2.05 p.m. on 24.11.2024 by Sub-Inspector, Sanjeev Kumar, who has described the time of occurrence as

11.00 a.m. on 24.11.2024. It is further argued by the learned Counsel for the petitioners that their role in the crime has been vaguely described. Apart from the fact that they are not named, no overt or positive act has been attributed to them. There is no credible evidence at this stage to link the petitioners to the crime. It is further emphasized that the three policemen, who are said to have been injured in the incident, have sustained simple injuries. 5

6. Mr. Deepak Mishra, learned A.G.A. has opposed the motion to admit this petition to hearing. He submits that the first petitioner's name came to light during investigation, recorded in CD No.9 dated 02.12.2024, whereas the second petitioner's name has surfaced also during investigation recorded in CD No.25 of 25.12.2024. He further submits that non-bailable warrants have been issued against the petitioners on

15.01.2025 and they are absconding since then, eluding justice. It is further emphasized that the offence is one of great enormity, affecting public order at large and that this is not a fit case to quash the FIR even as against the petitioners. The matter requires thorough investigation.

7. Upon hearing learned Counsel for the parties, we find that this is a case, which is not only one involving a big unlawful assembly of about 200 men, who were about the task of disturbing public order, but members of this unlawful assembly assaulted policemen on duty, damaging both government and private property, belonging to the policemen, to wit, setting afire two motorcycles, one private and the government owned, used by the police in the discharge of their duties. There was an attempt to snatch away the service pistol from the informant, where the offenders succeeded in relieving the informant of the pistol's loaded magazine, though the informant could secure his pistol. The members of the unlawful assembly, of which the petitioners are said to be a part, assaulted the police, employing sticks, besides brickbats, leaving three of the men injured. The submission of the learned Counsel for the petitioners, very persuasively made, that the petitioners are not named in the FIR, is not worthy of acceptance. In an offence of rioting by a large assembly of 150-200 men, where the police are assaulted, it is virtually naive to think that all members of 6 such a large unlawful assembly would be nominated in the FIR. The petitioners' name during investigation has surfaced in CD No.9 dated 02.12.2024 and CD No.25 dated 25.12.2024. It is a matter of pure investigation and not something which this Court, at this stage, can be invited to go into and interdict, given the fact that the violent conduct of this assembly in assaulting the police with sticks and brickbats and in a calculated manner, destroying the CCTV Camera installed at the Crossing, prima facie leads to disclosure of serious offences, including those affecting public order and deterring public servants from doing their duty. Assault on the police, setting a fire two of their vehicles and snatching away a pistol's magazine, are all acts that predicate serious crime. This Court does not intend to say that the petitioners are in any way guilty; nor can we say that they are innocent. This is a matter, which lies at this stage in the realm purely of investigation by the Police.

8. We are of considered opinion that this is a matter, which may require custodial interrogation as well. It is for this reason that non-bailable warrants of arrest have been secured by the Police on 15.01.2025. This, of course, does not prevent the petitioners from seeking their remedies of bail etc. in order to safeguard their liberty, as advised.

9. So far as the impugned FIR is concerned, we are of considered opinion that no case for quashing the impugned FIR is at all made out.

10. In the result, this petition fails and is dismissed in limine. Order Date :- 10.7.2025 Anoop (Praveen Kumar Giri) (J.J. Munir) Judge Judge ANOOP KUMAR SINGH High Court of Judicature at Allahabad