Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16655 of 2020 Petitioner :- Manoj Yadav And 13 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dheeraj Kumar Yadav,Pushpendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Dheeraj Kumar Yadav, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Manoj Yadav, Bhola Yadav, Pratima Yadav, Wakeel Yadav, Neelam Yadav, Ramblai Yadav, Ram Chandar, Usha Yadav, Ram Autar, Sambhu Yadav, Vineeta, Santosh, Kamla Yadav and Hawaldar to quash the impugned F.I.R dated 02.10.2020 in Case Crime No. 0483 of 2020, under Sections 498-A, 313, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Chaubeypur, District Varanasi.
Learned counsel for the petitioners submits that petitioner no. 1 had filed case under Section 9 for restitution of conjugal rights against respondent no. 3 and thereafter impugned FIR has been lodged against petitioner no. 1 and other family members just for their harassment.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists staying the arrest of the petitioners.
Accordingly, this writ petition fails and is dismissed.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 PS