Allahabad HC Protects 2 Anti-CAA Protesters From Arrest Till Filing Of Police Report

The bench of Justice Bachchoo Lal and Subhash Chandra Sharma were hearing the writ petition by the accused for quashing of the F.I.R. dated 06.03.2020 under Sections 124-A & 153-B. The allegations levelled in the F.I.R. are that the petitioners have participated in a protest against C.A.A., N.R.C and N.P.R.

The submission of the counsel for the petitioners was that the petitioners are not named in first information report. The name of the petitioner no.2- Shubaibur came into light in the second statement of the informant- Santosh Kumar Dubey, S.H.O., Police Station Kareily, thereafter arrested co-accused Fazal Khan disclosed the name of petitioners. There is no cogent evidence on record to connect the petitioners with the alleged offence. Neither the petitioners have committed the alleged offence nor they were involved in the alleged incident. Only for the purpose of harassment the petitioners have been falsely implicated in the present case. No offence is made out against petitioners, therefore, impugned F.I.R. is liable to be quashed.

Per contra, the A.G.A. opposed the prayer for quashing of the F.I.R. and argued that from the allegations made in the first information report, prima facie, a cognisable offence is made out against petitioners, therefore, impugned F.I.R. is not liable to be quashed.

"Considering the facts and circumstances of the case, we do not find any ground to quash the impugned first information report. Hence, prayer for quashing the same is, hereby, refused. However, in the peculiar facts and circumstances of the case and submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till the submission of police report under Section 173(2) Cr.P.C. provided that petitioners shall participate and co-operate with the investigation", ordered the division bench.