Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26835 of 2018 Petitioner :- Shailesh Kumar And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 05.07.2012 registered as Case Crime No. 150 of 2012 under Section 302, 328 IPC, Police Station Bichhwa, District Mainpuri.
Learned counsel for the petitioners submits that petitioners are father and son and though FIR has been registered against them, final report was submitted in the matter. It is further submitted that protest petition was filed and further investigation has been ordered which is still pending. It is further argued that the deceased died on account of consuming alcohol and the cause of his death is not ascertained and the viscera is preserved.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submits that the deceased died an unnatural death and has been murdered.
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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018/Madhurima