Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26649 of 2018
Petitioner :- Sariq
Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.S.Yadav, learned counsel for the petitioner, Sri N.K.Verma, 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 6.7.2018, registered as case crime No.547 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, under Section 353 I.P.C. and Section 7 Crl. Law Amendment Act, P.S. Kotwali, District Fatehpur.
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 the name of the petitioner was disclosed by the co-accused Ashlam. No recovery of any incriminating article has been made either at the pointing out of the petitioner or from his possession. The petitioner is not involved in any manner for the offence in question. 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.
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 :- 25.9.2018/NS