Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24379 of 2018 Petitioner :- Rijvan And 3 Others Respondent :- State Of U.P. Through Sp And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manoj Kumar, 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 17.08.2018 registered as case crime no. 341 of 2018, under Sections 323, 452, 504, 307 I.P.C., Police Station Bhojpur, District Moradabad.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case. He further submitted that the injury report of the injured does not support the prosecution story whereas injury is simple in nature. 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 which 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 :- 5.9.2018/Ashok Gupta