Read Time: 05 minutes
It is alleged that the accused persons attacked and pelted stones at police during a protest against Citizenship Amendment Act (Bill) which resulted in a constable sustaining injuries.
The Allahabad High Court recently refused to quash the chargesheet filed against five men accused of attacking and stone pelting on police when it was trying to disburse a mob gathered to protest against the Citizenship Amendment Act in 2019.
The bench of Justice Sameer Jain held, "In my view as FIR disclosed, prima facie, cognizable offences against the applicants, therefore, charge sheet pending against the applicants cannot be quashed".
The chargesheet was filed against the accused persons on June 6, 2020, under Sections 147, 148, 332, 336, 353, 188, 427, 109, 120-B, 153A, 295A of the Indian Penal Code and 7 of the Criminal Law Amendment Act.
Moving a plea before the high courtt to quash the same, the applicants alleged that they had been falsely implicated in the matter due to previous enmity with the local police.
Their counsel argued that the applicants neither pelted stones nor caused any injury to anyone including any police personnel and even as per the FIR, they were only gathered to protest against CAA.
Further stating that one of the applicants is an engineer, the counsel for the applicants said that the protest is the constitutional right of a citizen and if a person is involved in a peaceful agitation then he cannot be implicated in any criminal case.
On the contrary, the Additional Government Advocate contended that as per the FIR, when police personnel tried to disperse the mob while announcing that section 144 CrPC. had been invoked in the city then instead of dispersion, the applicants started stone pelting and due to their assault, one constable sustained injuries as well.
He further argued that the argument on the alleged enmity could not be appreciated, at this stage, as the same can only be appreciated by the court below during trial.
After perusing the record of the case and considering the arguments advanced, court noted that the FIR stated that a huge mob gathered at a public place to raise agitation against Citizenship Amendment Act (Bill) and when the police arrived and informed the protestors that Section 144 CrPC had already been invoked in the city and consequently, no procession could be commenced, the mob started stone pelting.
Moreover, court refused to accept the argument on behalf of two of the applicants that they were named in the FIR owing to their enmity with the Investigating Officer of the case. Court opined that on that ground the proceeding pending against the applicants could not be quashed.
Accordingly, holding the plea moved under Section 482 CrPC to be devoid of merit, court dismissed it.
Case Title: Suab And 5 Others v. State of U.P. and Another
Please Login or Register
