Hon'ble Rajeev Singh,J.
Heard Shri Yogendra Kumar Tiwari, learned counsel for the petitioners, Shri Dinesh Singh Rana, learned A.G.A. for the State, Shri Kailash Chandra, learned counsel for the private respondent No.4 and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners namely Chandra Shekhar Singh, Raju @ Raj Kumar Singh and Ravi Kumar Singh @ Ravi, seeking quashing of the First Information Report of Case Crime No.0042 of 2021, under Sections 147, 148, 323, 452, 392, 504, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, with a further prayer to stay the arrest during the pendency of the investigation of the said case.
It has been argued by the learned counsel for the petitioners that there was some dispute between the parties in respect to the purchase of land. He further submitted that earlier, the petitioner No.1 has already paid Rs.20,00,000/- to the complainant through R.T.G.S. and cash, for purchase of the land, and the compromise was also taken place between the parties with respect to the said land, but some dispute was taken place between the parties, and the petitioner No.2 has made an application to the S.H.O. of Police Station Gomti Nagar, Lucknow on 09.01.2021 (copy of the application is annexed as annexure No.3 to the petition) but no action was taken on the aforesaid application, and just to harass all the petitioners, the impugned F.I.R. has been lodged by Dinesh Kumar Yadav (respondent No.4) with new allegations against the petitioners.
Learned counsel for the private respondent has opposed the prayer of the petitioners for quashing of the F.I.R. and submitted that the victim has received injuries and also got fracture for which, she is also being given medical treatment in Dr. Ram Manohar Lohia Institute of Medical Sciences, and further submitted that the F.I.R. discloses a cognizable offence.
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 F.I.R., 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, thus, dismissed.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 11.2.2021 S. Shivhare