Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10693 of 2018 Petitioner :- Chhote Khan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.D.Dwivedi,learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 14.4.2018, registered as Case Crime No.60 of 2018, under Sections 308, 323, 504 I.P.C., Police Station Bhagatpur, District Moradabad.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that admittedly that there is some land dispute going on between the parties, on account of which the impugned FIR has been lodged by respondent 3 after two months of the incident but there is no plausible explanation for the delay in lodging of the FIR. He argued that the allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses 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 petitioners. The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 26.4.2018/NS