Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37979 of 2018
Petitioner :- Sufiyan @ Mohd Sufiyan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajai Kumar Malviya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ajai Kumar Malviya, learned counsel for the petitioner, Sri N.K. Verma, learned AGA 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 19.11.2018 registered as Case Crime No. 211 of 2018 under Sections 147, 452, 325, 323, 504, 506, 307 I.P.C., Police Station Sarpataha, District Jaunpur.
Learned counsel for the petitioner submits that two of the co-accused persons have already been granted bail by the competent court.
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 petitioner. The prayer for the same is hereby refused.
However, if the petitioner moves bail application before the court below, the court below while considering his bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioner.
With the above directions, this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 21.12.2018 Madhurima