4 months ago
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Terming the FIRs lodged by the Uttar Pradesh constabulary arsenic “borrowed from the movie scripts”, “fanciful” and “highly exaggerated”, the Allahabad High Court precocious granted interim extortion from apprehension to the idiosyncratic accused successful the case.
Expressing superior interest implicit the mode successful which an FIR was drafted by the Bahraich police, the Division Bench comprising Justice Abdul Moin and Justice Pramod Kumar Srivastava successful its bid dated February 16, pointed retired a important inconsistency successful the timeline recorded successful the same.
The lawsuit pertains to an FIR lodged against Akbar Ali and 2 others. They were booked nether the Arms Act and the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. According to the FIR, a constabulary squad acted connected accusation received from an informer regarding alleged cattle slaughter. Upon reaching the spot, constabulary cautioned the accused by saying “Tum log constabulary se ghir chuke ho, Aatm Samarpan kar do” (you person been gheraoed by the police. You should surrender).
The FIR further work that the constabulary overheard the accused making remarks similar ‘ujala hone wala hai’ (dawn was astir to break). It besides alleges that the accused exhorted each different to occurrence astatine the constabulary unit arsenic they were heard saying “Yeh... constabulary wale hain, inko goli maro, bachkar nahin jaane chahiye”. Police besides described however 1 of the accused yelled ‘hai goli lag gai’ (I americium deed with a bullet).
“Why we bespeak that the full FIR reads similar a movies publication is that the FIR is being lodged connected 22.01.2026 astatine 14:24 hours, the incidental is said to beryllium of 10:45 hours of the aforesaid time and the FIR indicates of the persons being arrested indicating “Ujala hone wala hai” (it is astir to beryllium dawn). Thus, successful case, the incidental is said to person taken spot astatine 10:45 hours and evidently indispensable beryllium due to the fact that the FIR mentions so, it is not understood arsenic to however astatine 10:45 hours, the dawn is inactive to break!!,” the tribunal noted.
It added that the blatant incongruity successful the FIR itself reflects the patent maltreatment of instrumentality astatine the behest of the authorities rendering the FIR arsenic susceptible of being quashed.
“Time and again this Court has pointed retired that the connection being utilized successful the FIRs does not bespeak the crushed position, alternatively appears to beryllium hearsay, scripted and appears to beryllium heavy borrowed from the movie scripts and is fanciful and highly exaggerated. Time has travel for the Courts to present step-in and enactment a cheque to the fanciful and highly exaggerated FIRs which are being lodged by the authorities, of which the lawsuit successful manus is simply a blatant example,” tribunal said.
While granting interim extortion to the petitioner, the tribunal besides sought a idiosyncratic mentation from the Superintendent of Police, Bahraich, regarding the mode successful which the FIR was drafted.
