Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26853 of 2018
Petitioner :- Rajendra Singh
Respondent :- State Of U.P. And 09 Others Counsel for Petitioner :- Munna Babu Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard 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 that to transfer the investigation of Case Crime No. 178 of 2014, under Section 364 IPC, Police Station Kamalganj, District- Farrukhabad for fair investigation.
Learned counsel for the petitioner submits that the petitioner on earlier occasion approach this Court in Writ petition No. 9287 of 2015 (Rajendra Singh Vs. State of U.P. and others) by which the matter was transferred to investigating to C.B.C.I.D. for further investigation.
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 :- 25.9.2018 Shubhankar Thakur