Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26608 of 2018 Petitioner :- Jagnesh Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Prayogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Anand Kumar Tiwari has filed vakalatnama on behalf of respondent no.4 which is taken on record.
Heard Sri P.P. Singh, learned counsel for the petitioner, Sri Anand Kumar Tiwari, learned counsel for private respondent, 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 29.05.2018 registered as Case Crime No.563 of 2018 under Sections 323, 504,308 IPC, Police Station Loni Border, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner was not present at the date and time of the incident.
Learned counsel for the caveator opposed the prayer for quashing of the FIR and submits that the victim has sustained injuries.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Madhurima