Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19755 of 2019 Petitioner :- Nurain And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- D.M.Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Affidavit of compliance filed in Court today, is taken on record.
Heard Sri D.M.Tripathi, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 13.07.2019 registered as case crime no. 0724 of 2019 under sections 147, 148, 149, 307, 341, 323, 336, 504, 506, 333 I.P.C. and Section 7 of Criminal Law Amendment Act, police station Dhoomanganj, District Prayagraj.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 3, levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. has opposed the prayer for quashing of the FIR and submitted that there are four injured persons, who are police officials and perusal of the F.I.R. shows that cognizable offence is made out against the petitioners.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Anand