Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7492 of 2018 Petitioner :- Prabhat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Singh,Manjeet Mishra
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Jitendra Singh, learned counsel for the petitioner, Sri R.K.Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 3.3.2018, registered as Case Crime No.300 of 2018, under Sections 306, 506 I.P.C., Police Station Chakeri, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner and deceased were classmate and the allegation which have been levelled against the petitioner is absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out out against the petitioners, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the deceased was being compelled by the petitioner to marry with him, on account of which she committed suicide.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.3.2018/NS