Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10716 of 2019 Petitioner :- Anand Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A.,Chandra Shekhar Sharma
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
List revised. No one is present on behalf of the caveator.
Heard Sri Sunil Kumar Singh, learned counsel for the petitioner, Sri A.N. Mulla, learned AGA 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 12.1.2019 registered as Case Crime No. 0031 of 2019, under sections 147, 148, 323, 504, 506, 392 IPC and Section 3(1) (Dha) of Schedule Caste and Schedule Tribe (Prevention of Cruelty) Act, 1989 (Amendment 2015) P.S. Sigra, District Varanasi.
It is submitted by the learned counsel for the petitioner that the F.I.R. is malafidely motivated inasmuch as the informant himself has submitted an application to the S.S.P. concerned on 23.1.2019 (Annexure No.4) alleging that the name of the petitioner had cropped up at the instigation of bystanders but when he met the petitioner, he immediately realized that the petitioner was not present at the place of occurrence, no offences are made out, F.I.R. be quashed.
Learned A.G.A. has rightly submitted that on the above contention, F.I.R. cannot be quashed as, prima facie, cognizable offence is made out.
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 :- 25.4.2019 Ram Murti