Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16672 of 2019
Petitioner :- Waseem
Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri A.K.Singh, learned counsel for the petitioner, Sri S.S.Sachan, 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 30.5.2019, registered as Case Crime No./FIR No.227 of 2019, under Sections 452, 147, 148, 149, 307, 506 I.P.C., Police Station Garhmukteshwar, District Hapur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that there are cross reports of the incident in which both sides have received injuries and it cannot be determined that which party was the aggressor. It is alleged that in the FIR which was lodged from the side of respondent no.4 that the petitioner along with co-accused persons entered into the house of respondent no.4 and assaulted the brother and cousin of respondent no.4 in which they sustained injuries but the injuries sustained by them are simple in nature except injury no.3 as is evident from their injury report. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to 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 petitioner.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 14.6.2019/NS