Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25716 of 2019 Petitioner :- Rishi Pal Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Ray Sahab Yadav, learned counsel for the petitioner and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 17.06.2019 registered as Case Crime No. 0344 of 2019, under Sections 452, 387, 323, 504, 506, 427 IPC and Section 3(1) (Da) & 3 (1) (Dha) of the S.C./S.T. Act, Police Station Kotwali, District Jhansi with a further prayer, not to arrest the petitioner in pursuance of the first information report.
The allegation in the FIR is that on 13.06.2019 at about 3.00 pm. respondent no.3 was beaten by the petitioner and other co- accused by kicks and fists on refusal to give Goonda Tax to them.
The submission of the learned counsel for the petitioner is that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 FIR 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 FIR or staying the arrest of the petitioner.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 17.12.2019 N Tiwari