Pradeep vs State Of U.P. And 2 Others
2018 Latest Caselaw 1000 ALL

Citation : 2018 Latest Caselaw 1000 ALL
Judgement Date : 28 May, 2018

Allahabad High Court

Pradeep vs State Of U.P. And 2 Others on 28 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13809 of 2018
 
Petitioner :- Pradeep
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vinod Kumar Pandey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri V.K.Pandey, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

The relief sought in this petition is for quashing of the F.I.R. dated 24.3.2018 registered as case crime No.203 of 2018, under Sections 354, 376, 511, 506 I.P.C., Police Station Nigohi, District Shahjahanpur.

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 submits that the petitioner is maternal uncle of the victim who is a major girl and there was some dispute between them regarding property, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner levelling false and frivolous allegations, though no offence is made out against the petitioner, hence, the FIR is liable to be quashed by this Court.

Learned AGA opposed the prayer for quashing of the FIR 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, taking into account the nature of allegation levelled against the petitioner, 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 :- 28.5.2018/NS