Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4996 of 2018
Petitioner :- Arif
Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Irshad Ahmad, learned counsel for the petitioner, Sri J.K. Singh, learned Brief Holder 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 8.2.2018 registered as Case Crime No. 03 of 2018, under Sections 498-A, 504, 506, 377, 354 I.P.C. and 3/4 D.P. Act, Police Station-Mahila Thana, District Fatehpur.
Learned counsel for the petitioners submits that the petitioner is the husband of respondent no. 3. Their marriage was solemnized in the year 2017. Thereafter some dispute arose between them on account of the present F.I.R. has been lodged by respondent no. 3 against the petitioner and his entire family members levelling false and frivolous allegations which is liable to be quashed.
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 petitioners.
The writ petition is, accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 27.2.2018 Shiraz