Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24546 of 2018 Petitioner :- Mukesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Dubey,Ram Mohan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause.
Heard Sri Harish Chandra Dubey, 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 28.07.2018 registered as Case Crime No.0230 of 2018, under Sections 364, 302, 201, I.P.C., Police Station-Vichawan, District Mainpuri.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the present FIR has been lodged after six months of the incident.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which 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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 5.9.2018/VKG