Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 15173 of 2019 Petitioner :- Hanuman Prasad And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Surendra Mohan Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Surendra Mohan Mishra, learned counsel for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 26.2.2019, registered as Case Crime No.27/2019, under Sections 498-A/304-B IPC and 3/4 of the D.P. Act, P.S.Pathra Bazar, Siddharth Nagar.
Matter relates to heinous offence, involving dowry death of the victim and the contention of the petitioners that the victim died on account of a road accident, not attributable to the petitioners, is an issue, which cannot be considered in this jurisdiction as otherwise cognizable offences are made out.
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, accordingly, dismissed.
Order Date :- 30.5.2019 Chandra