Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1881 of 2019 Petitioner :- Sanjeev Kumar @ Ranjeet And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Chandra Prakash Pandey, learned counsel for the petitioners, Sri A.N.Mulla, learned AGA 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 27.12.2018 registered as Case Crime No. 1121 of 2018, under sections 34, 302 IPC P.S.Kotwali Chhibramau District Kannauj.
Matter relates to murder, investigation is pending.
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.
The writ petition is, accordingly, dismissed. Order Date :- 29.1.2019/Harshita