Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10859 of 2018 Petitioner :- Mulayam @ Aniruddh Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Parmeshwar Yadav,Uttam Kumar
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Parmeshwar Yadav, 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 4.9.2017, registered as Case Crime No.665 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Kotwali Tirva, District Kannauj.
Learned counsel for the petitioners submits that the petitioners are cousin Devars of the deceased and has been falsely implicated in the present case with malafide intention. He further submits that the petitioners are living separately from the other co-accused. He argued that only vague allegations has been levelled against the petitioners and no specific allegation has been levelled against them. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that the deceased died on account of within seven years of her marriage.
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 :- 27.4.2018/NS