Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37961 of 2018 Petitioner :- Balram Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri D.K. Mishra, learned counsel for the petitioner and Sri J.P. Tripathi, learned AGA 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 1.10.2018, registered as case crime no.259 of 2018, u/s 307 IPC, P.S. Derapur, district Rama Bai Nagar.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has come into light in the statement of co-accused Sonu Kushwaha @ Rajveer. As per FIR, no offence is made out against the petitioner. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 petitioner.
The writ petition is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Gaurav