Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20593 of 2018 Petitioner :- Shashi Kamal Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manjesh Kumar Yadav,Babu Ram Yadav Counsel for Respondent :- G.A.,Durga Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Babu Ram Yadav, learned counsel for the petitioner, Sri Durga Singh, learned counsel for the caveator, 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 25.02.2018 registered as Case Crime No. 128 of 2018 under Sections 147, 148, 149, 452, 307, 323, 504, 506, 395 IPC and 3 (2)(v) SC/ST (Amendment) Act, Police Station Jhunsi, District Allahabad.
Learned counsel for the petitioner submits that the injured Sanjay has not received any injuries on his person and the injury report regarding his medical examination is a fabricated one to which the learned counsel for the caveator vehemently opposed and submitted that two persons have received gun shot injuries.
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 :- 31.7.2018 Madhurima