Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2720 of 2019 Petitioner :- Babloo And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyan Prakash Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioners, the learned AGA 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 21.12.2018 registered as Case Crime No.318 of 2018, under sections147, 323, 452, 504, 506, 354 IPC P.S.-Pilua, District- Etah.
Learned counsel for the petitioners submits that in respect of an occurrence involved in the impugned FIR, the mother of the petitioner had lodged an FIR against the informant side on 28.8.2018 as Case Crime No. 0211 of 2018 under Sections 452, 323, 504 and 506 I.P.C., FIR is malafidely motivated, liable to be quashed.
Learned A.G.A. rightly submitted that in view of the cross case occurrence is established, FIR cannot be quashed.
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.
The writ petition lacks merit and is dismissed. Order Date :- 31.1.2019 Fhd.