Ram Avtar Ram vs State Of U.P. And 3 Others
2014 Latest Caselaw 560 ALL

Citation : 2014 Latest Caselaw 560 ALL
Judgement Date : 4 April, 2014

Allahabad High Court

Ram Avtar Ram vs State Of U.P. And 3 Others on 4 April, 2014

Bench: Devendra Pratap Singh, Akhtar Husain Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5887 of 2014
 

 
Petitioner :- Ram Avtar Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajendra Singh
 
Counsel for Respondent :- Govt. Advocate,Sunil Kumar Sharma
 

 
Hon'ble Devendra Pratap Singh,J.

Hon'ble Akhtar Husain Khan,J.

Heard learned counsel for the petitioner and learned AGA appearing for the State.

The relief sought in this petition is for quashing of the FIR registered at case crime no. 25 of 2014, under sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Dhanapur, District Chandauli.

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 FIR 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 :- 4.4.2014