[Mob Attacks On Police] 'New Found Behaviour Amongst Citizens Of Disobeying Law', Allahabad HC Expresses Its Concern [Read Order]

The Bench of Justice J.J. Munir was hearing the two applicants, who challenged the proceedings of Case Crime No. 8475 of 2019 State vs Ali Hasan and others (arising out of Case Crime No. 113 of 2019), under Sections 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (Every member of unlawful assembly guilty of offence commit­ted in prosecution of common object), 323 (Punishment for voluntarily causing hurt) IPC, P.S. Syohara, District Bijnor.

Facts of the Case as observed by the Court

It was alleged that two young men were asked to stop their two-wheelers for the purpose of a roadside checking by police personnel. They did not stop but moved ahead.

This led to an accident where both young men received injuries. They were dispatched to medical care by the police personnel.

Soon thereafter, a big congregation assembled, who indulged in protest against the police. They blocked the road and prevented vehicle movement.

The unlawful assembly of which the applicants were members and are nominated in the FIR attacked the police personnel; they assaulted the police with sticks and iron-rods.

The congregation comprised of some 200-300 men. They also threw brickbats at the police leading to two policemen, Constable Vipin Kumar and Constable Yashpal sustaining injuries.

Arguments put forth

The submission of the counsel for the applicants was that they were one of the many persons credited with the role of rioting and the evidence against them is all cooked up. It was submitted that there was absolutely no tangible evidence to connect them to the crime.

The Additional Advocate General vehemently opposed the motion to admit this application to hearing. He submitted that this is a case of rioting and obstructing the Police in the discharge of their duties.

Court's observations

The Court perused the impugned charge sheet and the papers which gave rise to the proceedings.

The Court remarked,

"It appears from a perusal of the police papers that it is a case which shows a new found behaviour amongst citizens of disobeying the law."

Prima facie, the Court was of the view that the act of the applicants and all those who were part of this mob, constitutes an offence which strikes at the roots of established order in society.

Lastly, the Court said,

"Of course, this is not to say that this charge is true. It has to be tested at the trial. But the fact that the applicants ask this charge sheet to be quashed is almost preposterous. There is absolutely no abuse of process of Court involved in the matter. Accordingly, this application is rejected."