Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7775 of 2018 Petitioner :- Jitesh Tiwari Alias Jitesh Pandey Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Brajesh Kumar Chaturvedi,Rakesh Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.K. Upadhyay, learned counsel for the petitioner and Sri Jitendra Singh, learned AGA 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 25.2.2018, registered as case crime no. 89 of 2018, u/s 354 Gha, 366, 511, 323, 506, 34 IPC, P.S. Kotwali, district Ballia.
Learned counsel for the petitioner submits that present FIR has been lodged after twenty five days of the incident. An application was sent by the informant to the higher authorities in which name of the petitioner does not find place. The allegations made against the petitioners are absolutely, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that FIR discloses the cognizable offence against the petitioner. The petition of co-accused Vikki @ Vikrant has already been dismissed by this Court.
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 petitioners.
The writ petition is, accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.3.2018 Gaurav