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2025 DAILYLAW 103842 (ALL)

ANAS v. STATE OF U.P. AND 3 OTHERS

CRLP/22801/2025 · 2025-10-06

J J Munir, Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22801 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. A certified copy of the FIR has been filed along with supplementary affidavit which is taken on record. Heard Mr. Shahrukh, learned counsel for the petitioner at great length in support of the motion to admit this petition to hearing and Mr. S.S. Tiwari, learned A.G.A. on behalf of State. A perusal of the impugned FIR shows a dangerous trend amongst the members of the public in contemporary times to assume the role of a knight errant and question the authority of the law. It appears that there was an accident where a Scorpio SUV bearing Registration No.U.P.-15-BX-6018 hit an E-Rickshaw resulting in the driver of the rickshaw, one Islamuddin, dying on the spot. This was certainly an unfortunate accident and may be a case of utter negligence on the part of the Scorpio driver, but the FIR shows that here came the turning point when members of the public took the law into their own hands. They blocked movement of passersby on the Hapur- Kithore Highway by causing vehicles to stop movement. There was complete pandemonium. About 30 to 40 unknown men indulged in sloganeering, while blocking the aforesaid highway. Information of the blockage on the Highway reached the police who arrived there. The police party which comprised the SHO Babugarh, SHO Hapur Dehat and SHO Sarawani together with their force tried to reason with the enraged members of the public, but they would not listen to them. At 06:00 p.m. the members of the public who had turned into an unlawful assembly set the offending Versus Counsel for Petitioner(s) : Kushagra Srivastava, Shahrukh Counsel for Respondent(s) : G.A. Anas .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Scorpio as well as the E-Rickshaw afire. The fire brigade had to be summoned. All this violence led to an atmosphere of fear amongst the locals where shopkeepers downed their shutters and customers ran helter skelter. The residents who had their house close by shut their doors. It is said that after persuading the relatives of the victim, some order was restored. The FIR impugned has been lodged by one Vinod Kumar, Sub-Inspector and Chowki Incharge Mudafra P.S. Babugarh, Hapur. He has nominated 22 men who had indulged in this uncalled for violence besides one unknown person. The story that the FIR discloses we have already remarked is the story of every other citizen of the country who thinks that in the exercise of their right to vote in a democracy, they can take the role of the Police, the Courts and other law enforcing agency into their own hands. If this kind of conduct is permitted it would lead to anarchy. This is a matter which requires thorough investigation and would stand last in the category of cases where we, in the exercise of our jurisdiction under Article 226 of the Constitution of India, would interfere to interdict investigation or quash the FIR. This petition fails and is summarily dismissed. Let this order be communicated to Additional Chief Secretary, Home, Government of Uttar Pradesh, Lucknow though the Chief Judicial Magistrate, Lucknow and the Superintendent of Police, District- Hapur through the Chief Judicial Magistrate, Hapur, by the Registrar (Compliance) within 48 hours next. October 7, 2025 AdityaG CRLP No. 22801 of 2025 2 (Sanjiv Kumar,J.) (J.J. Munir,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad