Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25698 of 2018 Petitioner :- Ramesh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the petitioners and Sri G. P. 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 impugned F.I.R. dated 24.08.2018 registered as Case Crime No. 173 of 2018, under Sections 323, 325, 308 I.P.C., Police Station Jarcha, District Gautam Buddh Nagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the present F.I.R. has been been lodged as a counter blast to the N.C.R. lodged from the side of the petitioner against the respondent no.4. So far as the injured persons are concerned, they have received simple injuries. As per FIR, no offence is made out against the petitioners. 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 ex-ray was also advised, but the same has not been annexed with the present petition.
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 :- 17.9.2018 Ashok Gupta