Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11098 of 2019 Petitioner :- Panchraj and 3 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sanjay Singh, learned counsel for the petitioners, Sri A.N. Mulla, 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 29.3.2019 registered as Case Crime No. 0042 of 2019, under sections 323, 504, 506 & 308 IPC P.S. Lalapur District Prayagraj.
It is submitted by the learned counsel for the petitioners that the complainant sustained injuries in an accident in Mumbai and with an intent to harass the petitioners, he has implicated them with false story, allegations are malafidely motivated, petitioners have not committed any such offence as alleged in the F.I.R., the same be quashed.
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 writ petition is, accordingly, dismissed. Order Date :- 29.4.2019/Ram Murti