Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37614 of 2018 Petitioner :- Sunil Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri M.P.S.Chauhan, 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 for quashing of the F.I.R, dated 5.9.2018 registered as Case Crime No. 827 of 2018, under sections 498A,452,323,504,506 IPC and 3/4 D.P. Act P.S. Kasganj District Kasganj.
It is submitted that petitioners are the in-laws and the husband, allegations are general and vague, no offence is made out against the petitioners, hence, the F.I.R, be quashed.
Learned A.G.A, submitted that opposed the prayer for quashing of the F.I.R, investigation is pending, which discloses cognizable offence, petition is liable to be dismissed.
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 :- 20.12.2018 RS