Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24341 of 2019 Petitioner :- Jamaluddin And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing of the FIR dated 23.08.2019 registered as Case Crime No. 15 of 2019, under Sections 498-A, 494, 323, 504, 506 IPC, Police Station Mahila Thana, District Maharajganj with a further prayer, not to arrest the petitioners in pursuance of the first information report.
It is submitted by the learned counsel for the petitioners that the first information has been lodged by the informant after 21 days of the incident and no specific reason has been given for the delay in lodging the FIR. Learned counsel for the petitioners further submitted that the petitioners are innocent persons and have been falsely implicated in the present case. It is next submitted that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the informant. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 FIR 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 FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and applies for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law Order Date :- 28.11.2019 N Tiwari