Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14022 of 2018 Petitioner :- Mahesh Bhati @ Maheshwar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gaurav Kakkar, learned counsel for the petitioner and Sri Gaurav Pratap 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 22.4.2018, registered as case crime no.295 of 2018, u/s 452, 307, 506, 34 IPC, P.S. Khora, district Ghaziabad.
Learned counsel for the petitioner submits that the petitioner though is named in the FIR but no overt-act has been assigned to him. The co-accused Onkar Yadav is said to have fired at the injured who was having illicit relationship with the wife of said co-accused. The injured in her statement u/s 161 Cr.P.C has stated that the petitioner is said to have caught-hold the injured. Learned AGA opposed the prayer for quashing of the FIR which 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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 Gaurav