Hon'ble Rajeev Singh,J.
Heard Sri Vijay Kumar, learned counsel for the petitioners, Sri Ganesh Gupta, learned Brief Holder for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Smt. Rekha and Shiv Mangal, seeking quashing of the First Information Report of Case Crime No. 454 of 2020 under sections 324, 504, 506, 308 I.P.C., police station Fakharpur, District Bahraich with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that the petitioners are husband and wife. They have been falsely implicated in the present case by respondent no. 3 for oblique motive though the petitioners have no concern with the alleged offence, hence the impugned F.I.R. is liable to be quashed.
Learned Brief Holder for the State opposed the prayer for quashing of the First Information Report and argued as as per the instructions received by him, during the course of investigation, the present case has been converted under section 307 I.P.C. from section 308 I.P.C. as the victim has sustained injuries on his person which is stated to have been caused by sharp edged weapon and injury report has not been annexed by learned counsel for the petitioners with the present petition. He submits that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.