Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10885 of 2018 Petitioner :- Mool Chand And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Pandey, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 15.3.2018, registered as Case Crime No.78 of 2018, under Sections 302, 201 I.P.C., Police Station Rajpura, District Bhim Nagar.
Learned counsel for the petitioner submits that the petitioners are brother-in-law of the deceased and have been falsely implicated in the present case. He further submits that the petitioners have no motive to commit the crime in question as they are not the beneficiary in any manner to commit the same. He next argued that as per the post mortem report, the cause of death of the deceased is asphyxia as a result of hanging and except ligature mark there is no other injury found on the person of the deceased. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the matter is under investigation and the FIR discloses 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 petitioners. The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 30.4.2018/NS