Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26408 of 2018
Petitioner :- Bhagvat Sharma And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vikrant Neeraj,Chandrakesh Mishra Counsel for Respondent :- G.A.,Anupama Parashar,Satendra Kumar Upadhyay
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikrnt Neeraj, learned counsel for the petitioners, Sri S.K. Upadhyay, learned counsel for respondent no. 4, Sri N.K. Verma, 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 12.7.2018 registered as Case Crime No. 519 of 2018 under sections 147, 148, 149, 452, 323, 324, 354, 504, 506 I.P.C., police station Tappal, district Aligarh.
Learned counsel for the petitioners submits that there are cross reports of the incident for similar offence, hence the present F.I.R. is liable to be quashed.
Learned counsel for the respondent no. 4 and learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the accused of the F.I.R. which was lodged from the side of the petitioners challenged the same before this Court in Crl. Misc. Writ Petition No. 21004 of 2018 which was dismissed by this Court vide order dated 3.8.2018.
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 :- 24.9.2018 Shiraz