Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Sri Shishir Pradhan,learned counsel for the petitioners, Sri D.S.Rana, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners seeking quashing of the First Information Report dated 6.5.2021, which has been registered as Case Crime No.0117of 2021, under Sections 147, 307, 308, 324, 323, 504, 506, 427 I.P.C., Police Station Bhadokhar, District Raebareli with a further prayer to stay of their arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that the petitioner no.1 is an old and infirm person aged about 71 years and petitioner no.2 is the son of petitioner no.1 and they have been falsely implicated in the present case. So far as the other co-accused persons are concerned they have been arrested and on account of which some indulgence may be granted to the petitioners. No offence is made out against the petitioners, hence, F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the victim sustained injuries on head and the petitioners are named in the F.I.R. and further from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 NS/Asheesh