Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10975 of 2018
Petitioner :- Rama Shankar Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Suphal Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Suphal Shukla, learned counsel for the petitioner and Sri G.P. Singh, learned brief holder for the State and perused the record.
This writ petition has been filed with a prayer to quash the impugned FIR dated 12.4.2018 registered as Case Crime No. 229 of 2018, under Section 147, 148, 149, 307, 336 and 506 IPC, P.S. Handia, District Allahabad.
Learned counsel for the petitioner submits that only role assigned to the petitioner is of exhortation. Petitioner has been falsely implicated in the present case.
Learned A.G.A. opposed the prayer and stated that FIR discloses 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 :- 30.4.2018
A.P. Pandey