Hon'ble Rajeev Singh,J.
Heard Sri S.K. Singhaniya, learned counsel for the petitioner, learned AGA for the State/respondents no. 1 to 3 and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Gautam, seeking to quash the First Information Report No. 0157 of 2021, under Sections 323, 325, 308, 506 I.P.C., police station Ashiyana, District Lucknow (East) (Commissionarate, Lucknow).
Learned counsel for the petitioners argued that in the impugned F.I.R., it has been alleged that unknown person, who driven the Motorcycle, bearing registration No. UP32 HB 3656, hit brother of the respondent no.4 with danda, as a consequence thereof, his brother sustained injuries and bones of right hand got fractured. He argued that the petitioner has no concern with the aforesaid crime. The petitioner has falsely been implicated in the impugned F.I.R. just to harass him hence the impugned F.I.R. be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 8.4.2021 Ajit/-