Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26146 of 2019 Petitioner :- Fakkad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra,Pramod Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 30.10.2019 registered in Case Crime No. 0330 of 2019, under Sections 323, 308 and 504 I.P.C., P.S. Bindaki, district Fatehpur.
It is submitted by the learned counsel for the petitioners that initially an N.C.R. was registered under Sections 323 and 504 I.P.C. later on on the basis of the medical report of the injured the first information report has been registered under Sections 323, 308 and 504 I.P.C. He further submitted that bald allegations have been made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioners. The innocence of the petitioners cannot be adjudged at this stage.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56) ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 FIR 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 FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within four weeks from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the courts below expeditiously, in accordance with law.
Order Date :- 20.12.2019 Shahnawaz