Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24385 of 2018 Petitioner :- Kamar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Suresh Chandra,Alok Tripathi
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Suresh Chandra, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. appearing 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 2.8.2018, registered as case crime No.303 of 2018, under Section 307 I.P.C., P.S. Kotwali Nagar, District Aligarh.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.He further submitted that though the FIR was registered for the offence under Section 307 I.P.C., but it is a case of no injury, the said fact has been mentioned in paragraph no.6 of the writ petition. He next argued that it is a police encounter case and the petitioner has no role to play in the present case. He argued that when the petitioner was implicated in the present case, simultaneously six cases were also slapped on him. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 5.9.2018/NS