Hon'ble Rajeev Singh,J.
Heard Sri Shrikant Mishra, learned counsel for the petitioners, Sri Alok Saran, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Shabe Akhtar Ali @ Nate, Salman & Imran seeking quashing of the First Information Report dated 11.12.2020 being F.I.R. No.1140 of 2020, under Sections 147, 148, 352, 307 and 120B I.P.C., Police Station Kotwali City, District Pratapgarh with a further prayer to stay of their arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that the impugned F.I.R. has been lodged against the petitioners just as a counter-blast to the F.I.R. which was lodged from the side of the petitioners against the private respondent no.4 and injured person. He further argued that the petitioners were the part of the attackers but no specific allegation has been made against them for causing injuries to the complainant and his cousin brother. The petitioners were neither present at the place of occurrence nor committed any offence. No offence is made out against the petitioners, hence, F.I.R. is liable to be quashed by this Court.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the victim has sustained firearm injury on his person as it appears from the injury report and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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 petiti