Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11092 of 2019 Petitioner :- Janak Kumar Pandey @ Janak Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ishwar Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ishwar Kumar Upadhyay learned counsel for the petitioner, Sri A.N. Mulla, learned AGA 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 30.3.2019 registered as Case Crime No. 142 of 2019, under sections 147, 323, 504, 506, 427, 511, 452, 332, 353 IPC P.S. Kotwali, District Ballia.
It is submitted by the learned counsel for the petitioner that F.I.R. is malafidely motivated, petitioner is a junior counsel, who has no connection with overt act, as he was present along with the senior at the place of occurrence no cognizable offences made out, F.I.R. 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 petitioner.
The writ petition is, accordingly, dismissed. Order Date :- 29.4.2019/Ram Murti