Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20441 of 2018 Petitioner :- Raja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Krishna,Manish Dev Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Krishna, learned counsel for the petitioner, learned A.G.A. appearing 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 12.07.2018 registered as Case Crime No. 529 of 2018 under Sections 147, 148, 336, 342, 504, 506, 332, 353, 323 IPC and 7 Criminal Law (Amendment) Act, Police Station Tronica City, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner is a student and has been falsely implicated in the present case.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submits that 11 accused persons had approached this Court in Writ Petition No. 19887 of 2018 which has been dismissed by this Court.
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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018/Madhurima