Mahendra Singh And Others vs State Of U.P. Through Secy. Home ...
2011 Latest Caselaw 260 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4519 of 2011
 

 
Petitioner :- Mahendra Singh And Others
 
Respondent :- State Of U.P. Through Secy. Home And Others
 
Petitioner Counsel :- R.K. Gupta
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vineet Saran,J.

Hon'ble Surendra Singh,J.

Heard learned counsel for the petitioners and the learned A.G.A. for the State.

The relief sought in this petition is for quashing of the FIR registered at case crime no.  9 of 2011 under sections 498-A, 323,504, 506, 307 IPC and section 3/4 Dowry Prohibition Act, Police station Mahila Thana, District Meerut.

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.

However, it is provided that if the petitioners appear/surrender before the Court concerned within three weeks from today and apply for bail in the aforesaid case, their prayer for bail shall be considered and decided by the courts below, expeditiously, in accordance with law.

Order Date :- 14.3.2011

dps

(Surendra Singh, J)                       (Vineet Saran, J)