Case :- CRIMINAL MISC. WRIT PETITION No. - 10943 of 2019 Petitioner :- Juggan @ Hasinuddin And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Keshari Nandan Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Keshari Nandan Singh, learned counsel for the petitioners, the 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 30.03.2019 registered as Case Crime No. 92 of 2019, under sections 147,148,307,323,452,504,506 IPC and Section 3(2)V of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 2015, P.S. Railway Road, District Meerut.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.Submission is that the present FIR has been lodged in retaliation of lodging FIR under Sections 363, 366 IPC against the son of respondent no.4.
Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence.It is submitted that the informant has received injuries in the incident and he has been examined in government hospital and thus, the petitioners are not entitled for any relief.
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.
Order Date :- 25.4.2019 Shahid