The court ruled it inappropriate to quash a FIR at the investigative stage unless a clear case for quashing is established, emphasizing police prerogative in investigating alleged offences.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. By the instant writ petition preferred under Article 226 of the Constitution of India, the petitioner is challenging the First Information Report, lodged on 28.03.2024, bearing FIR No. 0083 of 2024 for the offences punishable under Sections 302 , 120-B, 34 of IPC, at Police Station, Nanakmatta, District Udham Singh Nagar, lodged by one Jasbir Singh, resident of Charubeta, Khatima, District Udham Singh Nagar. The reliefs as sought in the instant writ petition are being extracted herein-below:

“PRAYER

It is therefore most respectfully prayed that this Hon'ble may very graciously be pleased to:

(i) Issue a writ, order or direction in the nature of certiorari quashing the first information report dated 28-03-2024 lodged by the Respondent no. 3 against the accused persons registered as First Information Report No. 0083 of 2024 Under Section 302 , 120B, 34, of I.P.C. of Police Station Nanakmatta, District Udham Singh Nagar.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to harass and arrest the petitioner in connection with first information report 28-03-2024 lodged by the Respondent no. 3 against the accused persons registered as First Information Report No. 0083 of 2024 Under Section 302 , 120B, 34, of I.P.C. of Police Station Nanakmatta, District Udham Singh Nagar.

(iii) Issue any other appropriate order or direction as the Hon'ble Court thinks fit and proper.”

2. Brief facts of the case are that on 28.03.2024, the Dera Parmukh of Dera Kar Sewa Shri Nanakmatta Sahib, Jathedar Baba Shri Tarsem Singh was sitting on the chair in the early morning outside the lungar hall and was completing his daily routine work, then at about 6.15 a.m in the morning, one “black colour splendor motorcycle” came wherein two sikh persons were sitting, entered from main gate and the person who was sitting behind in motorcycle was having automatic rifle came near to Baba Tarsem Singh and opened fire and Baba Tarsem Singh stood from his chair. After being shot, the motorcycle take round from back side of the chair and again from automatic rifle opened fire by two bullets and then the persons who opened fire fled away from the spot from southern side of the campus and after seeing this incident of causing open fire by the shooters, one Jaspal Singh son of Mangal Singh ran, then the shooters threatened him and again opened fire which hit the northern pillar of door of lungar hall. Thereafter, Gurcharan Singh @ Channa son of Hardayal Singh resident of village Jagat, P.S. Amaria, District Pilibhit, U.P., Heera Singh, son of Amar Singh resident of Vilage Dhakiyajalalpur, P.S. Kareli, District Pilibhit, Mahendra Singh son of Kartar Singh resident of Village Sunpahar P.S. Khatima, District Udham Singh Nagar, residing in Dera, Devendra Singh @ Mintu and Nirwail Singh son of Shri Kashmir Singh resident of Dera, who all are present at the place of occurrence, saw the entire incident.

It is also mentioned in the FIR, that both the shooters were staying in Room No. 23 of “Bhai Mardana Yatri Niwas, Nanakmatta” situated in the premises of Gurudwara, and two days, prior to the incident, both the shooters were saw by the complainant and one Nirwail Singh and there is an entry in the visitor register of Yatri Niwas wherein the Aadhaar Card No. 732717430208 was mentioned and name Saravjeet Singh son of Swaroop Singh, resident of Miyawind District Tarantaran (Punjab) and Mobile No. 9580037450 is also entered.

It is also alleged in the FIR that these persons came in Sarai without any personal vehicle and when they were residing in Sarai, no arms an