Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20517 of 2018 Petitioner :- Anil Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Mobin Ansari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Mobin Ansari, learned counsel for the petitioner, 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 17.7.2018, registered as case crime No.166 of 2018, under Sections 354, 452 I.P.C., P.S. Audyogik Kshetra, District Allahabad.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.He further submitted that petitioner is neighbour of respondent no.4 and there was some dispute between them with respect to drainage of water, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioner levelling absolutely false and frivolous allegation, though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 31.7.2018/NS