Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2265 of 2019 Petitioner :- Amit Singh @ Amit Singh Sengar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Bihari Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 31.10.2018 registered as Case Crime No.0510 of 2018 under sections 376-D 506 I.P.C, P.S.-Panki, District-Kanpur Nagar Learned counsel for the petitioner submits that the FIR arises out of an application under Section 156 (3) Cr.P.C., allegations are malafidely motivated as on 19.6.2018 husband of the informant namely Dharmendra a drunkard picked up a quarrel in an inebriated state, near the shop of the uncle of petitioner, followed by a brawl and assault in which the uncle of petitioner lodged an FIR against the husband of the informant as Case Crime No.301/2018 under Section 323, 324, 504, and 506 I.P.C., P.S. Panki, Kanpur Nagar, impugned FIR is in retaliation, liable to be quashed.
The learned A.G.A has opposed the submission.
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.
Order Date :- 29.1.2019//Fhd.