The Allahabad High Court has stayed the arrest of Mohammad Zaki, brother of Farid alias Aurangzeb, who was killed in mob lynching.
The Division Bench of Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra passed this order while hearing a petition filed by Zaki.
The petition has been filed challenging the first information report dated 29.06.2024 giving rise to Case under Sections 395, 354 of the Indian Penal Code, Police Station Gandhi Park, District Aligarh.
Contention of the counsel for the petitioner is that the actual incident, which was got reported, was of the date 18.6.2024, in which, there was a mob lynching of the deceased, the brother of the petitioner namely Mohd Fareed, regarding which FIR was lodged by the petitioner on 19.6.2024. With regard to that very incident, an FIR had been lodged on 29.6.2024 malafidely by the first informant. With regard to the death of Mohd Fareed, there is a post-mortem report dated 19.6.2024.
In the FIR dated 29.6.2024 there is no mention about the fact that in fact Mohd Fareed had died and post-mortem was conducted with regard to his death on 19.6.2024.
Also counsel for the petitioner stated that the husband of the first informant had been arrested vis-a-vis FIR dated 19.6.2024 and this fact had also not been mentioned in the impugned FIR. In fact, in the FIR it had been shown that the husband was in the house of the first informant.
Counsel for the petitioner, therefore, stated that the FIR was a counterblast to the FIR, which was lodged on 19.6.2024.
The Court observed that the matter requires consideration.
The Court granted three weeks time to file counter-affidavits for the respondents and two weeks’ time to file Rejoinder affidavits. List thereafter.
“Till next date of listing or till the submission of charge sheet, whichever is earlier, no coercive action shall be taken against the petitioner, subject to their cooperation in the investigation,” the Court ordered.