Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22708 of 2018 Petitioner :- Ami Asraf And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Singh, learned counsel for the petitioners, Sri Deepak Mishra,, 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 18.6.2018, registered as case crime No.393 of 2018, under Sections 3/5/8 Prevention of Cow Slaughter Act, 1955, P.S. Alapur, District Budaun.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention just for the purpose of harassment. The name of the petitioners were disclosed by the co-accused Tuzful Hasan before the police. He further submitted that the petitioners are political persons and belong to political party and contested the election of Corporator and it is beyond imagination that they would commit such a crime. The petitioners are not the owner of the vehicle in which the recovery of cow meat were shown. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
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 :- 21.8.2018/NS