Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25336 of 2018 Petitioner :- Kalu @ Guru Bachan Singh And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Nigamendra Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nigamendra Shukla, learned counsel for the petitioners and Sri Gambhir 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 23.8.2018, registered as case crime no.395 of 2018, u/s 323, 325, 504, 506 IPC and 3(1)(Dha) of SC/ST Act, P.S. Babugarh, district Hapur.
Learned counsel for the petitioners submits that the incident has taken place on trivial issue. Though the X-Ray was advised but he is not having the same. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted as per FIR offence u/s 325 IPC is made out and it is clear that fracture has also been sustained by the injured. The FIR discloses the 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 Gaurav