Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37133 of 2018
Petitioner :- Kamrulhoda And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ravindra Prakash Srivastava
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.P. Srivastava, learned counsel for the petitioner, Sri N.K. Tiwari, 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 12.9.2018 registered as Case Crime No. 296 of 2018 under sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, police station Dudhara, District Sant Kabir Nagar.
Learned counsel for the petitioners submits that though the petitioner is named in the F.I.R. but he was arrested on the spot. He is said to have fled away from the place of occurrence. His name came into light in the confessional statement of co-accused, who arrested on the spot.
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 petitioners. The prayer for the same is hereby refused.
However, if the petitioner move bail application before the court below, the court below while considering his bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioner.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 18.12.2018 Shiraz