The Allahabad High Court on Monday rejected the plea of former BSP minister Chaudhary Laxmi Narayan seeking quashing of FIR or stay on his arrest. Narayan has been named along with 55 others in the FIR registered in connection with the riots at Kosi Kalan in Mathura that occurred on June 1.
The court,however,said that if the petitioner surrendered before the court concerned,his bail plea may be heard expeditiously.
Rejecting Narayans petition,a Division Bench of Justices Devendra Pratap Singh and Anurag Kumar said: From the perusal of the FIR,prima facie it cannot be said that no cognisable offence is made out. Hence no ground exists for quashing of the FIR or staying the arrest of the petitioner. The writ petition is accordingly dismissed.
However,the court added that if the petitioner surrendered before the Magistrates court then his bail plea may be heard expeditiously,possibly on the same day.
V P Srivastava,counsel for Narayan,said: Our main contention was that his name was added in the third FIR,while there was no mention of his role in the first two FIRs registered by the police. Also,it was just based on hearsay that some persons saw him inciting people during the riots.
Government counsel Akhilesh Singh contended that the investigations in the case were at an early stage and there was no reason for the court to interfere.
Narayan has been named in the FIR under Sections 147,148,149 (sections pertaining to rioting),307 (attempt to murder),302 (murder),109 (punishment for abetment),392 (robbery),120-B (criminal conspiracy) and 436 (mischief by fire or explosive substance to destroy house) of the Indian Penal Code registered at Kosi Kalan police station.