Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26457 of 2018 Petitioner :- Shamshad Khan Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Sanjai Kumar,S.H. Rizvi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjai Kumar, 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 01.07.2018, registered as case crime No.189 of 2018, under Sections 354, 354Ka (1) (iv), 354 (Gha) I.P.C., P.S.Mutthiganj, District Allahabad.
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 petitioner was going to the market at Gaughat and because of traffic congestion, there was some collision between the bike of the petitioner and scooty of the victim and some hot talk took place between them, on account of which the impugned FIR has been lodged on absolutely false and frivolous allegations, though 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 and submitted that the victim was on scooty and some comment was made on her by the petitioner.
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 :- 24.9.2018/NS