Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10666 of 2018
Petitioner :- Prem Shankar Dubey And 4 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Neeraj Kumar Srivastava,Santosh Kumar Tripathi
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri N.K.Srivastava, learned counsel for the petitioners, Sri Irshad Hussain,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 20.2.2018, registered as Case Crime No.41 of 2018, under Section 147, 148, 323, 324, 308 I.P.C., Police Station Purai, District Bhadohi.
Learned counsel for the petitioner submits that the petitioner no.1 is uncle of petitioner nos. 2 to 5 and they have been falsely implicated in the present case with malafide intention. So far as injuries sustained by the injured are concerned, the same are found to be simple in nature, copy of medical examination report of one of the injured, namely, Shiv Prasad has been annexed at page-21 of the writ petition. He next argued that the allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that as per the FIR there appears to be two injured persons and after receiving injury they were referred to B.H.U.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 26.4.2018/NS