Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34578 of 2018 Petitioner :- Sonu @ Sonu Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Pradeep Kumar Mishra, learned counsel for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 23.11.2018, registered as Case Crime No.0272/2018, under Sections 498-A/304-B IPC and under Sections 3/4 of the D.P. Act, P.S. Buxa, Jaunpur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless, the FIR is liable to be quashed.
The learned A.G.A has opposed the submission.
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 petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 30.11.2018 Chandra