Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 15214 of 2019 Petitioner :- Gomti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Pal Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Vinod Kumar Pal, learned counsel for the petitioner and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 9.4.2019, registered as Case Crime No.133/2019, under Sections 498-A/306 IPC, P.S. Maharajpur, Kanpur Nagar.
Matter relates to heinous offence, involving dowry death of the victim, to the extent of 99 % burn injuries and the contention of the petitioner (mother-in-law) that no specific role has been assigned, is an issue, which cannot be considered in this jurisdiction, as prima facie 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 dismissed.
Order Date :- 30.5.2019 Chandra