Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25409 of 2018 Petitioner :- Purushottam And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra,Vijay Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar Mishra, learned counsel for the petitioners 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 6.8.2018, registered as case crime no.356 of 2018, u/s 147, 148, 452, 323, 504, 506, 325, 326 IPC, P.S. Katra, district Shahjahanpur.
Learned counsel for the petitioners submits that entire family of the petitioner no.1 has been roped in the present case. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that three persons have sustained injuries on their person. The 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Gaurav