Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24534 of 2018 Petitioner :- Indal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meena Mishra,Vinit Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Meena Mishra,Vinit Mishra, learned counsel for the petitioners, Sri Narendra Kumar Tiwari, learned brief holder 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 16.04.2018 registered as Case Crime No. 204 of 2018, under Section 302 I.P.C., Police Station-Hayat Nagar, District Sambhal.
Learned counsel for the petitioners submits that the informant has moved a Writ Petition before this Court being Writ Petition No. 16936 of 2018 (Ajab Singh Vs. State ) and it appears that in pursuance of which the present FIR has been registered against the petitioners. He further submits that as per the FIR wholly vague allegation has been levelled against the petitioners and the police is harassing the petitioners.
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 :- 5.9.2018/VKG