Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20031 of 2018
Petitioner :- Ashok
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akash Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akash Srivastava, learned counsel for the petitioner, Sri Prabhashs Pandey, 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 27.3.2018 registered as Case Crime No. 107 of 2018 under section 354 I.P.C., police station Mundali, District Meerut.
Learned counsel for the petitioner submits that the petitioner is the Jeth of the victim. There is some matrimonial dispute between the victim and her husband, who is brother of the petitioner on account of which present F.I.R. has been lodged by respondent no. 3 against the petitioner also levelling false and frivolous allegations, hence the same 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 and taking in account the allegations levelled against the petitioner, 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 :- 26.7.2018 Shiraz