Hon'ble Rajeev Singh,J.
Heard Shri Mohd. Imran Khan, learned counsel for the petitioner and Shri S.P. Singh, learned AGA for the State and perused the First Information Report and the material on record.
Shri S.P. Singh, learned AGA for the State has filed short counter affidavit, annexing injury report of one Lallan and one Sakeel Ahmad. He is directed to file it in the Registry of this Court.
The present writ petition has been filed by the petitioner- Afroz Bano, seeking quashing of the First Information Report No. 118 of 2020 under sections 147, 149, 323, 504, 506, 307, 269, 353, 270, 271, 188 I.P.C. and section 3 of Epidemic Disease Act and Section 56 Disaster Management Act, 1897, registered at police station Huzurpur, District Bahraich.
Learned counsel for the petitioner argued that no offence under section 307 IPC is made out as the injury is of simple nature. Moreover a case was lodged from the side of petitioner under section 304 no action has been taken by the police against the accused persons. Therefore, the impugned F.I.R. has been lodged by respondent no.3 against the petitioner just for harassment and oblique motive, hence the impugned F.I.R. is liable to be quashed.
Learned counsel for the complainant and learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
Order Date :- 25.1.2021 Arnima