The investigating agency cannot be restrained from investigating the FIR if it prima facie discloses the commission of a cognizable offence.

JUDGMENT :

RAKESH THAPLIYAL, J.

By the instant writ petition, preferred under Article 226 of the Constitution of India, the petitioners are challenging the First Information Report, lodged at P.S. Kashipur, District Udham Singh Nagar, on 26.10.2023, bearing FIR No.0551 of 2023, whereby the petitioners including three other named persons alongwith one known person were implicated for the offences punishable under Sections 147, 148, 149, 307, 323, 384, 504 & 506 IPC. The reliefs, as sought in the present writ petition, are being extracted here-in-below:-

“i) Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 26-10-2023 being FIR No.0551 of 2023, for the offences punishable under section 147, 148, 149, 307, 323, 384, 504 & 506 of IPC, Police Station Kashipur, District Udham Singh Nagar (contained as Annexure no.1 to this writ petition).

ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2 not to arrest the petitioners in connection with impugned first information report dated 26-10-2023 being FIR No.0551 of 2023, for the offences punishable under section 147, 148, 149, 307, 323, 384, 504 & 506 of IPC, Police Station Kashipur, District Udham Singh Nagar (contained as Annexure no.1 to this writ petition)”.

2. Brief facts of the case are that the complainant-Prateek Aggarwal (respondent no.3 herein) lodged a First Information Report with the allegations that in a ‘bhog ceremony’ of a known person, the complainant met with petitioner no.1-Mr. Anoop Aggarwal, where petitioner no.1 demanded a sum of Rs.20.00 lakhs, but the complainant refused for the same, and on such refusal, petitioner no.1 threatened respondent no.3-complainant. It is further alleged in the FIR, that in a second incident, which was happened in 11.10.2023 at Kashipur, when the festival of Ram Leela was inaugurated, and petitioner no.1 shown him a morphed video clip to respondent no.3, and after showing the video clip, petitioner no.1 threatened to defame the complainant, and demanded a sum of Rs.40.00 lakhs. The First Information Report further gives a reference of the third incident was happened on 22.10.2023 at around 10:00 PM, when respondent no.3-complainant was eating snack while standing near his car along with his friends, both the petitioners accompanied with 10-15 persons, reached there in car and motorcycles, carrying guns, armed with sticks and other weapons, and upon seeing this that so many persons, including the petitioners, rushed to the complainant, the complainant tried to sit in his car, and thereafter, petitioner no.2, who is the son of petitioner no.1, pointed his gun towards the complainant, and all other persons surrounded the complainant and his friends, and started beating the complainant and his friends, and thereafter, petitioner no.1 stopped everyone and came near to the complainant, and fired a bullet, which missed the complainant.

3. Learned Senior Counsel for the petitioners submits that the investigating agency are in hand in glove with the complainant-respondent no.3, who lodged the FIR with the false allegations against the petitioners, and this is nothing, but a clear high handedness of the police personnel with the complainant, which is in utter disregard to the rights of the petitioners guaranteed under Article 21 of the Constitution of India. Learned Senior Counsel further submits that there is no material and reliable evidence to prove the allegations levelled against the petitioners, and hence, the impugned FIR is based on false allegations, and is an abuse of process of law.

4. Learned Senior Counsel further submits that, though the allegations in the complaint are that the complainant was beaten up, however, in the present case, there is no medical examination of the complainant to corroborate the incident, and as such, the FIR in question, is nothing but a figment of imagination of the complainant. Learned Senior Coun