M.C.JAIN, J. - (1.) Against the petitioner, respondent No.5 Mohd. Ashraf son of Ataullah has lodged an F.I.R. on 22-6-2002 at 2.15 P.M. at P. S. Kareli, district Allahabad which has resulted in registering of a case against him and others under S. 147, 148, 149, 307, 504, 506 and 387 I.P.C., Annexure 1 to the writ petition. The petitioner has filed this petition claiming the following reliefs : i) to issue a writ, order or direction in the nature of Certiorari quashing the first information report dated 22-6-2002 in Case Crime No. 156 of 2002, under Ss. 147, 148, 149, 307, 504, 506, 387, I.P.C., Police Station Kareilly, District Allahabad contained in Annexure 1 to the writ petition. ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties directing them not to arrest the petitioner in Case Crime No. 156 of 2002 under Ss. 147, 148, 149, 307, 504, 506, 387, I.P.C. Police Station Kareilly, Allahabad. iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties directing them to entrust the investigation of Case Crime No. 156 of 2002, Under Sections 147, 148, 149, 307, 504, 506, 387, I.P.C., Police Station Kareilly, Allahabad, to CBI or any other independent investigating agency. iv) to issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, to which the petitioner may be found entitled in law."
(2.) The allegations in the F. I. R. are that on 22-6-2002 at about 12.30 P.M., the petitioner opened two shots on him (respondent No.5) from his pistol. By providence, he escaped unhurt as he ran shouting towards Gaush Nagar. The F. I. R. makes reference to some earlier incident of July last year that M.L.A. Ateeq Ahmad had got him attacked in respect of which he had lodged the F. I. R. at P. S. Dhoomanganj, district Allahabad. The said M.L.A. had commanded him not to tender evidence in that case, but he had not succumbed to that pressure. At the time of present incident, he was allegedly present at his plot of Beniganj, 60' ft. Road with Kalloo when the petitioner with his father, Naseem son of Kallan, Sharif, Puttan Baba and Ali Ahmad @ Phutter came to him and again pressurized to take back his case as otherwise he would be done away with. He retorted back that come what may, he would not take back his case. Then at the exhortation of his father and associated, the petitioner opened two shots on him.
(3.) We have heard Sri S. M. A. Kazmi, learned counsel for the petitioner in sufficient details and learned A. G. A. in opposition. It is urged by the learned counsel for the petitioner that it is an unusual coincidence that in the incident of 22-6-2002 forming the subject matter of the F. I. R. in question, respondent No.5 escaped unhurt and it was so even in the earlier alleged incident of July last year as is clear from the reading of the F. I. R. itself. It is reasoned that it is a clear pointer that an imaginary incident has been coined by respondent No.5 to roap in the petitioner. According to the learned counsel for the petitioner, respondent No.5 is repeatedly filing false F. I. Rs against the petitioner and his other family members, because the petitioner happens to be the brother of M. L. A. Ateeq Ahmad.;