Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26501 of 2018 Petitioner :- Nawab Pahalwan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Naushad,Rajiv Sisodia Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Naushad, learned counsel for the petitioner and Sri Gambhir Singh, learned AGA 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 23.6.2017, registered as case crime no.599 of 2017, u/s 147, 148, 149, 307 IPC, P.S. Shamli, district Shamli.
Learned counsel for the petitioner submits that petitioner was not present at the place of occurrence and he has no concern with the activity of animal slaughtering at the house of co- accused Jameel. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that there is allegation against the petitioner of cow slaughtering and separate FIR has been registered against him under the Cow Slaughter Act, hence FIR discloses the 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 :- 24.9.2018 Gaurav