- (1.) THE instant writ petition has been preferred under Article 226 of the Constitution of India on behalf of petitioners with following prayers: i.) Issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. Case Crime No.94 of 2014, under Sections 307, 504 and 506 I.P.C., Police Station Kadipur, district Sultanpur lodged by the opposite party no.4. as contained in Annexure No.1 hereinabove. ii.) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties concerned not to arrest the petitioners in the impugned F.I.R. As contained in Annexure No. -1 hereinabove. iii.) Issue a writ, order or direction in the nature and manner deemed just and proper in the instant case in favour of the petitioners.
(2.) THE facts giving rise to the petition are that on 24.02.2014 at about 9:00 a.m. the complainant -opposite party no.4 was excavating the foundation in the old house for construction. The petitioners, who are relatives of complainant started throwing bricks and stones over the labourers, who were working therein. When opposite party no.4 refrained them from doing so, Anil Kumar Pandey -petitioner no.2 started hurling filthy abuses to opposite party no.4 and with intention to kill opposite party no.4 fired at him with pistol. The complainant -opposite party no.4 had a providential escape. The other two relatives of petitioner no.1, who were accompanying him, exhorted the petitioners to kill the complainant and they encouraged them that they will take care of the situation subsequently. The police registered a case under Sections 307, 504 and 506 I.P.C. at Police Station Kadipur, District Sultanpur.
(3.) WE have heard learned counsel for parties and perused the pleadings of writ petition. It has been argued on behalf of petitioners that the complainant has exaggerated the version and no such incident has ever happened as alleged and hence, they moved the instant petition for quashing the F.I.R. and seeking the Mandamus under Article 226 of the Constitution of India.;