Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11106 of 2019
Petitioner :- Shiv Kumar @ Achchu And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- V.K. Baranwal,Vivek Kumar Shukla
Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Vivek Kumar Shukla, learned counsel for the petitioners, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is to stay the arrest of the petitioners in pursuance of impugned First Information Report dated 7.4.2019 being Case Crime No.96 of 2019 under section 323, 504, 506 I.P.C. & 3(2)(va) of SC/ST Act, PS. Holagarh, District Prayagraj.
It is submitted by learned counsel for the petitioners that the genesis of the First Information Report is a dispute with regard to an altercation between the children, First Information Report is malafidely motivated, the petitioner no.3 and 4 are aged about 16 years and 13 years respectively, no offence is made out, FIR be quashed.
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.
Order Date :- 29.4.2019/Rk