Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1980 of 2019 Petitioner :- Narendra Pal @ Narendra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Anuj Kumar Gupta, learned counsel for the petitioners, the learned AGA 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 6.2.2018 registered as Case Crime No. 0020 of 2018, under sections 498-A, 304-B, 323, 506, 201 IPC, and 3/4 D.P. Act, P.S. Aliganj, District Bareilly.
Matter relates to a dowry death. Offence is heinous, investigation is pending.
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.
Matter relates to dowry death, investigation is pending. The case of petitioners cannot be segregated at this stage. 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.
Order Date :- 29.1.2019 N.S.Rathour