Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20590 of 2018 Petitioner :- Mahendra Singh And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Vashistha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Vashistha, learned counsel for the petitioners and Sri N.K. Verma, 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 21.7.2018, registered as case crime no.669 of 2018, u/s 147, 148, 149, 308, 392, 323 IPC, P.S. Kasganj, district Kasganj.
Learned counsel for the petitioners submits that there are cross reports of the incident and both sides have received injuries. The accused of the cross-case have already got themselves bailed out by the competent court. 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 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 petitioners. The prayer for quashing the FIR is refused.
However, the court below while considering the bail application of the petitioners shall consider the fact that accused of the cross-case have already been granted bail by the competent court, if the petitioners move bail application before the court below.
With the aforesaid direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 Gaurav