Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19846 of 2018 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishal Agarwal Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vishal Agarwal, learned counsel for the petitioner, Sri A.K.Sand, 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 15.6.2018, registered as case crime No.379 of 2018, under Sections 452, 354, 323, 504, 506 I.P.C., P.S. Sasni, District Hathras.
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 respondent no.4 is facing an inquiry with respect to a complaint which was made by the petitioner against respondent no.4 & others before the National Human Rights Commission and case bearing No.223/24/37/2015 is pending for consideration, hence, just as a counter blast the present FIR has been lodged by respondent no.4 just as a pressure tactics against the petitioner levelling 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 and pointed out that NBW has been issued against the petitioner in the present case.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 25.7.2018/NS