Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5944 of 2017 Petitioner :- Smt. Usha Rani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Tarun Agarwala,J. Hon'ble Rajul Bhargava,J.
Heard the learned counsel for the petitioner and the learned A.G.A. appearing for the State.
The relief sought in this petition is for quashing of the F.I.R. registered in Case Crime No.206 of 2017, under Sections 147, 148, 149, 452, 302 and 506 IPC, Police Station Asmoli, District Bheem Nagar.
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 Cri. L.J. 569 after considering the various decisions of the Apex Court 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.
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 FIR or staying the arrest of the petitioner.
The writ petition is accordingly dismissed.
(2) However, it is provided that if the petitioner appears or is produced before the court concerned within three weeks and applies for bail in the aforesaid case, her prayer for bail shall be heard and disposed of expeditiously in accordance with law.
Order Date :- 19.4.2017 AKJ (Rajul Bhargava,J.) (Tarun Agarwala,J.)