Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26768 of 2018
Petitioner :- Nasir
Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Hemant Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hemant Sharma, learned counsel for the petitioner, Sri Gambhir Singh, 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 5.5.2018 registered as Case Crime No. 227 of 2018 under sections 3/8 Prevention of Cow Slaughter Act, police station Jahangirabad, District Bulandshahar.
Learned counsel for the petitioners submits that the petitioner was not named in the F.I.R. His name came into light in the confessional statement of co-accused persons, who were arrested by the police. He submits that the co-accused persons have already been granted bail by the competent court.
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 petitioners. The prayer for the same is hereby refused.
However, if the petitioner move bail application before the court below, the court below while considering his bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioner that co-accused has already been granted bail by the competent court.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018 Shiraz