Moti Lal vs State Of U.P. & 3 Others
2013 Latest Caselaw 2161 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9211 of 2013
 

 
Petitioner :- Moti Lal
 
Respondent :- State Of U.P. & 3 Others
 
Petitioner Counsel :- Deepak K. Jaiswal
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Surendra Singh,J.

Hon'ble Mushaffey Ahmad,J.

Heard learned counsel for the petitioner and learned A.G.A. appearing for the State.

The relief sought in this petition is for quashing of the F.I.R. registered at case crime no.  163-A of 2013, under sections 323, 308, 504, 324 IPC, PS Mohammadabad, district Mau. 

The Full Bench of this court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) after considering the various decisions of the Apex Court including State of Haryana v. 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.

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 FIR or staying the arrest of the petitioner. 

The writ petition is accordingly dismissed.

Order Date :- 15.5.2013

Sazia