Vinod Prasad - (1.) -
(2.) THE petitioners and all other similarly situated alleged accused persons of cognizable offences, in all the above and many other such writ petitions have thronged this Court with spate of writ petitions invoking extraordinary constitutional power of this Court under Article 226 of the Constitution of India with the prayers to issue a writ of certiorari quashing the impugned orders passed by Magistrates against them, under Section 156 (3), Criminal Procedure Code, 1973 (hereinafter referred to as the Code) under Chapter XII of the Code, directing the police to register F.I.Rs. of the applicants/aggrieved persons in all these cases and investigate the disclosed cognizable offences. Another prayer which have been made by the petitioners is for a writ of mandamus directing the police not to arrest them in pursuance of the order for registration of F.I.Rs. in the disclosed offences. THE exercise of filing all these writ petitions have been undertaken by the petitioners because they want to escape themselves from the clutches of law even though they are alleged to have committed cognizable offences. THE petitioners, it seems, are not so much bothered about registration part of F.I.Rs. against them but what really deters them is the arrest part of investigation, under Section 41 of the Code by the police as soon as the F.I.Rs. are registered against them. Section 41 of the Code statutorily empowers the police to arrest any body who is accused or suspected of committing cognizable offences without an order from the Magistrate and without warrant. Before vehemently hankered submissions regarding Fundamental Rights etc. harangued by petitioners counsels are dealt with, a synopsized descriptions of allegations against the petitioners, the factual matrix of the writ petitions, are inked below : Criminal Misc. Writ Petition No. 1225 of 2007, Ram Prappanna and others v. State of U. P. and others : In this case application under Section 156 (3), Cr. P.C. was filed by Raja Bhaiya Pandey in the court of Chief Judicial Magistrate, Banda against the petitioners which was registered as Misc. Case No. 451/XI/2006. The allegations levelled were that on 20.9.2006 at 7 p.m. the petitioners approached the door of applicant Raja Bhaiya, armed with fire-arm and blunt weapons and abused him filthily and then fired upon him but the shelter of a wall saved his life. Miscreants Jhallu, Lav Kush, Pankaj destroyed his thatched hut. On being approached, the police did not register the F.I.R. of Raja Bhaiya. Hence, he filed application under Section 156 (3) of the Code. On 16.12.2006, Chief Judicial Magistrate, Banda, finding cognizable offences being disclosed ordered for registration of F.I.R. and investigation of the offences, which order is now being prayed to be quashed and arrest stayed. Criminal Misc. Writ Petition No. 1261 of 2007, Mashooq Ahmad and others v. State of U. P. and others :
(3.) IN this case the application was filed by Abdul Mannan on 1.2.2006, appending therein the injury reports of the two injured persons. Civil Judge, (J.D.)/Judicial Magistrate, Kaushambi, finding a prima facie cognizable offence being disclosed order for registration of F.I.R. and investigation of the offences vide it's order dated 21.2.2006. (Annexure-2) to the writ petition. The Magistrate had also found that the application of the applicant victim was a cross version of which the F.I.R. of the other side was already registered. The said order of registration of F.I.R. was challenged by way of filing Criminal Revision No. 23 of 2006 before Session's Judge Kaushambi by the Mashuk Ahmad which revision was dismissed by the lower revisional court on 20.1.2007. The allegations levelled were that the accused/ petitioners fired upon Abdul Mannan when he was sitting with his family members at his door on 16.12.2005 at about 11.20 a.m. as a result of which Fahad and Badre Alam, the two sons of applicant sustained injuries on their limbs. The order passed by the Judicial Magistrate as well as by the lower revisional court is under challenge and is prayed to be quashed. Criminal Misc. Writ Petition No. 1216 of 2007, Daljeet Singh and others v. State of U. P. and others : In this case the application under Section 156 (3) was filed by one Narottam before Special Chief Judicial Magistrate being Application No. 224 of 2006 with the allegations that Kali Charan, father of applicant was working inside a well of the accused and on 4.11.2006 at 12 a.m. the accused opened the rope from above as a result of which the woods tied with the rope fell on his father causing him serious injuries on head. During the course of treatment father Kali Charan died. The accused even though promised for help in the treatment did not help at all. Alongwith the application, the applicant annexed copy of application to S.O., copy of intimation to the police regarding death of the deceased, and copy of post-mortem report. Special A.C.J.M., Agra, finding a prima facie cognizable offence being disclosed ordered for registration of F.I.R. and investigation on 17.1.2007 which order is prayed to be quashed. Criminal Misc. Writ Petition No. 1283 of 2007, Jagdish Prasad and others v. State of U. P. and others :;