Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16716 of 2019 Petitioner :- Shahjad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Vijay Kumar Sharma, learned counsel for the petitioner, Sri Vimal Kumar Pandey, learned A.G.A. 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 26.5.2019 registered as Case Crime No. 0390 of 2019, under Sections 323, 308, 504, 506, IPC, Police Station-Masoori, District Ghaziabad.
Learned counsel for the petitioner submits that from the side of respondent No.3, petitioner's side has also been assaulted in which nine persons have received injuries. In the present case only four persons have received injuries on the part of respondent No.3.
On the other hand learned A.G.A. vehemently opposed the quashing of the FIR and has argued that both sides have assaulted each other, hence, quashing of the FIR should be refused.
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.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 14.6.2019 T. Sinha