Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5360 of 2019 Petitioner :- Man Singh and 3 others Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Ajay Kumar Kashyap Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ajay Kumar Kashyap, learned counsel for the petitioners, the learned AGA 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 12.1.2019 registered as Case Crime No. 37 of 2019, under sections 308, 323, 504 IPC P.S. Baradari District Bareilly.
Matter relates to heinous offence involving grievous injury, cognizable offences disclosed, writ petition is liable to be dismissed.
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 writ petition is, accordingly, dismissed. Order Date :- 28.2.2019 Ram Murti