Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14580 of 2018 Petitioner :- Dharajeet And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Tiwari Counsel for Respondent :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Kumar Tiwari, learned counsel for the petitioners, Sri Avanish Kumar Shukla, learned counsel for the private respondent, Sri Gaurav Pratap Singh, 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 26.03.2018 registered as Case Crime No. 168 of 2018, under Sections 323, 504, 506, 308 IPC, Police Station-Dauki, District Agra.
Learned counsel for the petitioners submits that there are cross FIRs between the parties. The petitioners 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.
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 :- 31.5.2018 AU