Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1396 of 2019 Petitioner :- Mahendra Singh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Nitesh Kumar Srivastava, learned counsel for the petitioner, and the learned AGA.
The relief sought in this petition is for quashing of the F.I.R, dated 29.11.2018 registered as Case Crime No. 0178 of 2018, under sections 323, 504, 506 IPC read with Section 3(1)(Dha) of Scheduled Castes & Scheduled Tribes (Prevention of Cruelty) Act, 1989 (Amended) 2015, P.S. Tahrauli, District Jhansi.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same 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.
Order Date :- 22.1.2019 N.S.Rathour