Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22677 of 2018 Petitioner :- Shameer Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhakar Shukla,Diwakar Shukla 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 04.08.2018 registered as Case Crime No.0877 of 2018 under Section 392 IPC, Police Station Kalyanpur, District Kanpur Nagar.
Learned counsel for the petitioners submits that in the impugned FIR, date and time of the incident in question has not been mentioned. Moreover, parentage of the accused persons has also not been disclosed and the privater respondent happens to be some political person, hence, the FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018/Madhurima