Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23943 of 2018 Petitioner :- Deep Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Yadav,Shashank Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K. Yadav, learned counsel for the petitioners, Sri Irshad Husain, learned Brief Holder 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 10.06.2018 registered as Case Crime No. 0445 of 2018, under Sections 147, 323, 326, 504, 506 IPC, Police Station-Naubasta, District Kanpur Nagar.
Learned counsel for the petitioners submits that the petitioners are Army-men. They are innocent and have been falsely implicated in the present case. 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 A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence. He pointed out that one of the co- accused who was found on his duty, his name has been dropped. So far as the petitioners are concerned, they have assaulted the victim who have received injuries on his person. As per medical report, the injuries found to be grievous in nature.
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 :- 30.8.2018 AU