Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 14972 of 2019 Petitioner :- Afsar Saifi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Virendra Singh Yadav learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 19.5.2019 registered as Case Crime No. 82 of 2019 under sections 498-A, 323, 377, 511, 354(A), 504, 506 I.P.C. & 3/4 D.P. Act, P.S.- Mahila Thana, District- Bareilly.
FIR alleges injuries upon the victim and the petition is absolutely silent as regards its non-existence, thus the Court has no option but to infer that there are injuries.
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. Order Date :- 29.5.2019//Fhd.