Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23202 of 2018
Petitioner :- Rohit
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioner and Sri Narendra Kumar Tiwari, learned AGA for the State.
By means of this petition, the petitioner has prayed for quashing of the First Information Report dated 31.7.2018 in Case Crime No. 459 of 2018 under sections 452, 354, 354-A, 506 IPC, Police Station Bhopa, District Muzaffarnagar.
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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.
Order Date :- 24.8.2018 Puspendra