Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34602 of 2018
Petitioner :- Maya
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri RR Pandey, learned counsel for the petitioner and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 11.01.2018 registered as Case Crime No.0004 of 2018, under Sections 147, 307, 325 IPC, Police Station Singhawali Aheer, District Baghpat.
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, the FIR is liable to be quashed.
The learned A.G.A has opposed the submission.
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.
However, the Court below while considering the bail application of lady petitioner itself take into consideration the first proviso to Section 437 Cr.P.C.
Order Date :- 30.11.2018 Akram