Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11452 of 2019 Petitioner :- Fool Chand And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 19.3.2019, under Sections 148/149/307/323/504/506 IPC, P.S. Kotwali Kannauj, Kannauj.
It is submitted by learned counsel for the petitioners that there exists previous enmity between the parties, it's a case of no injury, FIR is malafidely motivated, same be quashed.
The learned A.G.A has opposed the submission on the ground that FIR cannot be quashed as cognizable offences are disclosed.
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 petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 30.4.2019 Chandra