Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2149 of 2019 Petitioner :- Modeen @ Mainuddin and another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saima Saher Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Saima Saher, 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 7.1.2019 registered as Case Crime No. 6 of 2019, under sections 307, 506 IPC P.S. Kharkhauda District Meerut.
Learned counsel for the petitioners submits that FIR is malafidely motivated inasmuch as the sister of petitioner no.2 had earlier lodged an FIR. on 7.12.2018 against the informant side as CC No. 165 of 2018 under Section 498-A, 504, 323, 376, 506, 407, the above FIR is belatedly lodged after six days for ulterior motives, no offences are made out, FIR is liable to be quashed.
Learned A.G.A. rightly submitted that on above grounds FIR cannot be quashed.
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 :- 29.1.2019 Ram Murti