Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4602 of 2018
Petitioner :- Shane Alam
Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Irshad Ahmad, learned counsel for the petitioner, Sri R.K. Mishra, learned Brief Holder 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 31.10.2017 registered as Case Crime No. 1248 of 2017, under Section3/5/8 Cow Slaughter Act, police station Civil Lines, District Moradabad.
Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.2.2018 Shiraz