Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16706 of 2019 Petitioner :- Abhishek Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Arvind Kumar, learned counsel for the petitioner and Sri Irshad Hussain, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing of the F.I.R. dated 05.05.2019 registered as case crime no.359 of 2019 under sections 354, 341, 504, 506 IPC, PS. Chhibramau, District Kannauj.
Learned counsel for the petitioner submits that the place of incident which has been disclosed by the victim in her statement recorded under section 164 Cr.P.C. has been changed which itself shows that the prosecution version is false.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima