Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22933 of 2018 Petitioner :- Safdar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K.Jaiswal, learned counsel for the petitioner, Sri Mehboob Ali, learned counsel for the Power Corporation, respondent no.4, Sri G.P.Singh, learned A.G.A. appearing 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 17.7.2018, registered as case crime No.155 of 2018, under Sections 147, 353, 342, 326-A, 332 I.P.C. and 7 Crl. Law Amendment Act, 1932, P.S. Atarsuiya, District Allahabad.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that as per the FIR, the allegation of throwing the acid has been assigned to the co-accused Mohd. Kausar Ali and he has been sent to jail and the petitioner has not been assigned any specific role of causing injury to the injured. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the injured is an employee of Power Corporation who had gone for checking of electricity theft along with the team.
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.
Taking into account the nature of allegation levelled against the petitioner and co-accused and 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 :- 23.8.2018/NS