Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10863 of 2018
Petitioner :- Anuj Kumar Singh
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Singh Counsel for Respondent :- G.A.,Shailesh Pandey Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V..K.Singh, learned counsel for the petitioner, Sri Shailesh Pandey, learned counsel for the caveator, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 24.3.2018, registered as Case Crime No.99 of 2018, under Section 306 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Katra, District Mirzapur.
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 submits that the FIR was lodged after 16 days of the incident but there is no plausible explanation for the delay in lodging the FIR. From perusal of the post mortem report of the decesed, it appears that she was murdered by her parents and after about 16 days the impugned FIR has been lodged against the petitioner. The allegations levelled against the petitioner is absolutely false, frivolous and baseless.No offence is made out against the petitioner, hence, the FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR 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 :- 27.4.2018/NS