Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20548 of 2018 Petitioner :- Ilyas Ahmad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Ayub Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Ayub, learned counsel for the petitioners, Sri Deepak Mishra, 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 3.7.2018, registered as case crime No.118 of 2018, under Section 3/5/25 Arms Act, P.S. Khakhraru, District Fatehpur.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted the the names of the petitioners have come into light in the confessional statement of the co-accused Abrar. No recovery of any incriminating article has been made either at the pointing out of the petitioners or from their possession. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
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/NS