Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10485 of 2018 Petitioner :- Gangu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamesh Kumar Arya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kamesh Kumar Arya, learned counsel for the petitioners and Sri Prabhash Pandey, learned AGA 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 01.04.2018, registered as case crime no. 0258 of 2018, under Sections 323, 504, IPC, Police Station Katghar, District Moradabad.
Learned counsel for the petitioners submits that petitioners were not even remotely involved in the commission of the said offence, but despite the same they have been robbed in the FIR only on account of mala-fide intention, hence the present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 :- 24.4.2018 VKG