Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13882 of 2018
Petitioner :- Abhishek Yadav @ Kaka And Another
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deep Chand Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.C. Singh, learned counsel for the petitioners, Sri A.K.Sand, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 29.3.2018 registered as Case Crime No. 264 of 2018 under sections 147, 323, 504, 506, 342, 395, 397, 412 I.P.C. and 7 C.L.A. Act, police station Kotwali, District Deoria.
Learned counsel for the petitioners submits that though the petition filed by co-accused Banti, i.e., Crl. Misc. Writ Petition No. 11519 of 2018 has been dismissed by this Court vide order dated 7.5.2018 but the petitioners have been falsely implicated in the present case when the case was converted into the present offences as the F.I.R. was earlier registered only for the offence under sections 147, 323, 504, 506, 342 I.P.C., hence the same is liable to be quashed against the petitioners.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 28.5.2018 Shiraz