Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19943 of 2018 Petitioner :- Gorelal @ Santlal Kori Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Shanker Mishra,Chandra Bhushan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prem Shanker Mishra, learned counsel for the petitioner and Sri A. K. Sand, 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 08.07.2018 registered as case crime no. 242 of 2018, under Sections 354, 506 I.P.C., Police Station Puramufti, District Kaushambi.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated on account of quarrel between the parties. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence and and when the incident took place, the husband of the informant was not present as he was in Delhi for some work and informant was present in the house alone.
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 :- 26.7.2018 Ashok Gupta