Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10582 of 2018
Petitioner :- Mohd. Shekh
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shadab Ali, learned counsel for the petitioner, Sri N.K. Verma, 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 10.11.2017 registered as Case Crime No. 1276 of 2017 under sections 386, 504, 506 I.P.C., police station Dhoomanganj, District Allahabad.
Learned counsel for the petitioner submits that the F.I.R. of the present case has been lodged after two and half years of the incident. The petitioner is a student. He has been falsely implicated in the present case, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that Crl. Misc. Writ Petition No. 1196 of 2018 filed by co-accused Riyaz has already been dismissed by co-ordinate Bench of this Court vide order dated 23.1.2018 to which learned counsel for the petitioner submits that the Riyaz is the brother of co-accused Niyaz.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 25.4.2018 Shiraz