Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23170 of 2018
Petitioner :- Gaurav @ Vivek Kumar Singh
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Praveen Kumar Srivastava,Vindeshwari Prasad
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vindeshwari Prasad, learned counsel for the petitioner, Sri Deepak Mishra, learned AGA appearing for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 06.08.2018, registered as case crime No.534 of 2018, under the 7 Criminal Law (Amendment) Act 1932 and under Sections 147, 148, 149, 307, 188, 504, 506, 427, IPC, Police Station Civil Line, District Budaun.
Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the present case.
Learned A.G.A. pointed out that the co-accused Sandeep @ Tinku, challenged the F.I.R. of the present case before this Court by filing Crl. Misc. Writ Petition No. 22371 of 2018, which was dismissed by order dated 16.08.2018.
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 :- 24.8.2018/VKG