Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4428 of 2018 Petitioner :- Gopal Singh Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Raghvendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Chalani report supplied by learned counsel for the petitioner is taken on record.
Sri Sudhir Kumar Agarwal, Advocate has filed his power on behalf of respondent no.3 which is taken on record.
Heard Sri R.K. Mishra, learned counsel for the petitioner, Sri Sudhir Kumar Agarwal, learned counsel for the respondent no.3 and Sri Jitendra Singh, learned A.G.A. 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 17.1.2018, registered as case crime no.43 of 2018, u/s 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Naujheel, district Mathura.
Learned counsel for the petitioner submits that the deceased was taken by her brother on a motorcycle and she was done to death by unknown miscreants. The husband and jeth of the deceased have been granted interim protection by coordinate Bench of this Court on 16.2.2018 in Criminal Misc. Writ Petition NO.3731 of 2018, copy of the said order is taken on record. The petitioner is the Nandoi of the deceased. The allegations made against the petitioner are absolutely, frivolous and baseless, hence present FIR be quashed.
Learned AGA as well as learned counsel for the respondent no.3 opposed the prayer for quashing and submitted that the deceased died on account of strangulation. The order granting interim relief to the husband and jeth of the deceased is distinguishable from the case of the petitioner as the husband and jeth of the deceased were granted interim protection as they are serving in Army and on the alleged date of incident, they were at their respective place of posting.
The Full Bench of this court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) 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 as laid down by the Apex Court in various decisions including State of Haryana v. Bhajan Lal and others (AIR 1992 SC 604) attended with further elaboration that observations and directions contained in Joginder Kumar's case (Joginder Kumar v. State of U.P. and others (1994) 4 SCC 260 contradict extension to the power of the High Court to stay arrest or to quash an F.I.R. under article 226 and the same are intended to be observed in compliance by the Police, the breach whereof, it has been further elaborated, may entail action by way of departmental proceeding or action under the contempt of Court Act. The Full Bench has further held that it is not permissible to appropriate the writ jurisdiction under Article 226 of the constitution as an alternative to anticipatory bail which is not invocable in the State of U.P. attended with further observation that what is not permissible to do directly cannot be done indirectly.
The learned counsel for the petitioner has not brought forth anything cogent or convincing to manifest that no cognizable offence is disclosed prima facie on the allegations contained in the F.I.R. or that there was any statutory restriction operating on the police to investigate the case.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and, therefore, no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petition lacks merit and is accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018/Gaurav