Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20105 of 2019
Petitioner :- Manish And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Rakesh Kumar Singh Chauhan,Neelam Singh Chauhan
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard Sri R.K.S. Chauhan, learned counsel for the petitioners, Sri B.K. Mishra, learned counsel appearing on behalf of respondent no. 3, Sri Shri Narain Mishra, 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 20.01.2019 registered as Case Crime No. 0039 of 2019, under Sections 302, 120B I.P.C., Police Station-Sikandra, District Agra.
Learned counsel for the petitioners submits that the deceased has committed suicide and the petitioners have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against them, hence the present F.I.R. is liable to be quashed.
Learned counsel for the private respondent as well as 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 petitioners.
The writ petition is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2019 Anand