Hon'ble Rajeev Singh,J.
Heard Sri A.K.Dwivedi, learned counsel for the petitioners, Sri Alok Saran learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Vinay Kumar Tiwari @ Chanchal, Sanjay Kuma @ Munna, Swaantra Kumr Tiwari @ Pintu & Pradeep Kumar Tiwari @ Achchey seeking quashing of the First Information Report of Case Crime No.322 of 2020, under Sections 452, 323, 504, 506, 308 I.P.C., Police Station Phatanpur, District Pratapgarh with a further prayer to stay of their arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that the petitioners are innocent and have been falsely implicated in the present case with malafide intention.The impugned F.I.R. is based on false and vague allegation though no such incident as mentioned in the F.I.R. has taken place and the F.I.R. has been lodged after two days under political pressure which is an afterthought He further argued that the injury sustained by the injured are simple in nature, copy of the injury report is annexed as Annexure-2 to the writ petition. No offence is made out against the petitioners, hence, F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the two persons sustained injury in the incident and as per the injury report son of the complainant fell down unconscious due to injuries caused by an axe and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
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 Cr.L.J. 569 after considering the various decisions 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 27.1.2021 NS