Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20403 of 2018
Petitioner :- Hanuman @ Deepak Vishakarma And 2 Others
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudist Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudist Kumar, learned counsel for the petitioners, Sri G.P. Singh, 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 28.5.2018 registered as Case Crime No. 493 of 2018 under sections 323, 504, 452, 307 I.P.C., police station Cantt., District Varanasi.
Learned counsel for the petitioners submits that the victim has appeared before the court below and has stated that no one has pushed him from the roof and in fact he himself fell down from the roof on account of which he received injuries. He submits that co-accused person Santosh Jaisal has already been granted bail by the competent court.
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 prayer for the same is hereby refused.
However, if the petitioner move bail application before the court below, the court below while considering his bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioner that co-accused has already been granted bail by the competent court.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2018/Shiraz