Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20563 of 2018 Petitioner :- Ankur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Rai,Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Rai, learned counsel for the petitioner and Sri Prabhash Pandey, learned AGA 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 21.6.2018, registered as case crime no.381 of 2018, u/s 147, 148, 149, 323, 324, 307, 504 IPC, P.S. Mawana, district Meerut.
Learned counsel for the petitioner submits that petitioner is not named in the FIR as the same has been registered against unknown persons. As per statement of the injured u/s 164 Cr.P.C. role for causing injuries has been assigned to Chotu. The petitioner is said to have fired at the injured but he received no injury. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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.
Taking into account the nature of allegations against the petitioner and 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 :- 31.7.2018 Gaurav