Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10469 of 2018 Petitioner :- Ikramullah Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Shoeb Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Shoeb Khan, learned counsel for the petitioners and Sri Prabhash Pandey, 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 30.03.2018, registered as case crime no. 274 of 2018, under Section 307, 120-B IPC, Section 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, Police Station Khorabar, District Gorakhpur.
Learned counsel for the petitioner submitted that the petitioner was not named in the FIR and in the statement of the co- accused it has been alleged that the petitioner got the vehicle passed by taking illegal gratification. He further submit that the petitioner has already been suspended from service. He also submitted that the co-accused persons have already been granted bail by the competent court concerned.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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.
The court below shall consider the facts that the co-accused persons have already been granted bail by the competent court concerned, while considering the bail of the petitioner.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 VKG