Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24378 of 2018 Petitioner :- Mohd. Sain @ Rampuriya @ Mohd Hasan Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Shams Uz Zaman,Mukesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shams Uz Zaman, learned counsel for the petitioner and Sri Gambhir Singh, learned AGA 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 26.07.2018 registered as case crime no. 341 of 2018, under Section 3/5/8 C.S. Act, Police Station Hayat Nagar, District Bheem Nagar.
Learned counsel for the petitioner submits that the petitioner is said to have fled away from the place of occurrence. He further submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/Ashok Gupta