Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20667 of 2018 Petitioner :- Gulbadan Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- B.K.Singh Raghuvanshi,Ashutosh Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.K.Singh Raghuvanshi, learned counsel for the petitioner, learned A.G.A. appearing 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 13.07.2018 registered as Case Crime No. 0460 of 2018, under Sections 147, 341, 353, 504, 506 I.P.C. & Section 7 of Vidhi Virudh Kriya Kalap (Niwaran), Adhiniyam, 1967 and Sections 3, 57 & 7 of Uttar Pradesh Upkhaneej (Parihar), Niyamawali, 1963 and Sections 4 & 21 of Khan Evam Khaneej (Vikas Ka Viniyaman), Adhiniyam, 1957 at Police Station Ghoorpur, District Allahabad.
Learned counsel for the petitioners that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 31.7.2018 S.K.