Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23213 of 2018 Petitioner :- Yogi Raj Alias Yogi Raj Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ardhendu Shekhar Sharma, learned counsel for the petitioner and Sri Amrit Raj Chaurasiya, learned AGA for the State.
By means of this petition, the petitioner has prayed for quashing of the First Information Report dated 30.7.2018 in Case Crime No. 1969 of 2018 under sections 147, 148, 308, 323, 427 IPC, Police Station Indrapuram, District Ghaziabad.
Learned counsel for the petitioner submitted that according to the First Information Report the date and time of occurrence and medical examination of the injured are contradictory. The medical examination was conducted at 11.30 PM while the alleged incident took place at 00.00 hours on 29.7.2018, after 30-45 minutes of the medical examination. It clearly shows that the injury report is false and fabricated. It was further submitted that the petitioner is a student of B. Tech Ist year.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that injured has sustained injuries on his person.
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 :- 24.8.2018 Puspendra