Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10969 of 2018 Petitioner :- Sunil Kumar Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Dhama Counsel for Respondent :- G.A.,Neeraj Kumar,Saurabh Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Dwivedi, learned counsel for the petitioners, Sri Neeraj Kumar, learned counsel for the private respondent, Sri Prabhash Pandey, learned Brief Holder 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 29.3.2018 registered as Case Crime No. 0523 of 2018, under Sections 323, 504, 506, 308, 34 IPC, Police Station- Baghpat, District Baghpat.
Learned counsel for the petitioners submits that the petitioner is running brick kiln and the father of the respondent no.3 was working as Munshi and there was a dispute between the father of the respondent no.3 and one Badri. The petitioner has no concern with the said dispute. The petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018 AU