Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37387 of 2018
Petitioner :- Ishrak And Another
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Sunil Kumar Tiwari, 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 25.10.2018 registered as Case Crime No. 307 of 2018, under Sections 420, 272, 273 I.P.C., PS Falwada, District-Meerut.
The F.I.R. alleges recovery of huge quantity of potrified meat (six quintals of buffalo meat, 5 dead buffaloes, residue body part of 3 dead buffalo, their skin and other incriminating articles.
It is submitted by the learned counsel for the petitioner that neither any recovery has been been effected from the petitioner nor any spot arrest was made. He further submits that the petitioners are entitled to parity with the order of co- accused Sabloo in Criminal Misc. Writ Petition No. 32696 of 2018 (Annexure- 2).
Per contra learned A.G.A. submitted that huge recovery of putrified meat and other articles shows that it cannot be planted, offences are serious endangering the life of common people, petition is liable to be dismissed.
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 :- 19.12.2018/AKT