Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 17748 of 2020 Petitioner :- Hariom Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Pramod Kumar Srivastava, learned counsel for the petitioner, Ms. Manju Thakur, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Hariom Shankar, seeking quashing of the First Information Report of Case Crime No.242 of 2020, under Sections 498-A, 323, 307, 504, 325 I.P.C. and Section 3/4 D.P.Act, Police Station Sasani Gate, District Aligarh with a further prayer to stay of his arrest during the pendency of the investigation of the said case.
It has been submitted by the petitioners that the petitioner is father-in-law of the victim who is sister of respondent no.4 as marriage between the petitioner's son namely, Yogesh Kumar and sister of respondent no.4 was solemnized on 27.2.2020.He further submitted that the petitioner is not named in the F.I.R. and his name has come into light in the statement of the informant recorded under Section 161 Cr.P.C. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the victim has received injuries on her person and fracture was also found as the case has been registered under Section 325 I.P.C. and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 8.1.2021/NS