Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20627 of 2018 Petitioner :- Wahab Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, learned A.G.A. 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 12.06.2018 registered as Case Crime No.254 of 2018 under Section 307 IPC and 3, 5A, 8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty against Animal Act, Police Station Parikshitgarh, District Meerut.
Learned counsel for the petitioner submits that closure report has been submitted in favour of one of the co-accused Javed who was named in the FIR.
Learned AGA opposed the prayer for quashing of the FIR 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 writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018/Madhurima