Hon'ble Rajeev Singh,J.
Heard Shri Jalaj Kumar Gupta, learned counsel for the petitioner, Shri Anurag Verma, learned A.G.A. for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner namely Jasmat, seeking quashing of the First Information Report of Case Crime No.656 of 2019, under Section 307 I.P.C., Police Station Laharpur, District Sitapur.
It has been argued by the learned counsel for the petitioner that two cases were stamped on the petitoiner, in which one case is related to the offence under Section 379 I.P.C. for committing theft of the buffaloes, and the present case is related to the offence under Section 307 I.P.C. wherein it has been alleged that the petitioner opened fire on the police personnels and it is a no injury case.
Learned A.G.A. opposes the prayer of petitioner and submits that the F.I.R. discloses a cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the F.I.R., 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.
Accordingly, this writ petition fails and is, thus, dismissed.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 11.2.2021 S. Shivhare