Ashok Kumar vs State Of U.P. And 2 Others
2018 Latest Caselaw 1194 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14493 of 2018
 
Petitioner :- Ashok Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vikram Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Vikram Singh, 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 7.5.2018, registered as case crime No.250 of 2018, under Section 307 I.P.C., Police Station Kotwali, District Etah.

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 submitted that the incident is said to have taken place on 3.5.2018 at 2 p.m. but no complaint was given by respondent no.3 on 3.5.2018 and after making false injury report, an application/complaint was given on 6.5.2018 and thereafter the impugned FIR has been lodged by respondent no.3, which is an after thought. The petitioner has no criminal history except the present case. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the FIR and submitted that the victim sustained firearm injury and incised wound and the FIR 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 no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.

The writ petition is, accordingly, dismissed.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 31.5.2018/NS