Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38025 of 2018
Petitioner :- Mahendra Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri M.K. Singh, learned counsel for the petitioners, Sri Prabhash Pandey, 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 7.12.2018 registered as case crime 278 of 2018 under sections 304, 308, 323 I.P.C., police station Jalalpur, District Jaunpur.
Learned counsel for the petitioners submits that five feet wall along with which sand was kept had fallen on account of which three children died. He submits that there appears to be no mens ria shown on the part of the petitioner to commit the crime in question, hence the present F.I.R. 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. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) 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 as laid down by the Apex Court in various decisions including State of Haryana v. Bhajan Lal and others (AIR 1992 SC 604) attended with further elaboration that observations and directions contained in Joginder Kumar's case (Joginder Kumar v. State of U.P. and others (1994) 4 SCC 260 contradict extension to the power of the High Court to stay arrest or to quash an F.I.R. under article 226 and the same are intended to be observed in compliance by the Police, the breach whereof, it has been further elaborated, may entail action by way of departmental proceeding or action under the contempt of Court Act. The Full Bench has further held that it is not permissible to appropriate the writ jurisdiction under Article 226 of the constitution as an alternative to anticipatory bail which is not invocable in the State of U.P. attended with further observation that what is not permissible to do directly cannot be done indirectly.
The learned counsel for the petitioners has not brought forth anything cogent or convincing to manifest that no cognizable offence is disclosed prima facie on the allegations contained in the F.I.R. or that there was any statutory restriction operating on the police to investigate the case.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petition lacks merit and is accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 21.12.2018 Shiraz