Gaurav vs State Of U.P. And 3 Others
2018 Latest Caselaw 512 ALL

Citation : 2018 Latest Caselaw 512 ALL
Judgement Date : 14 May, 2018

Allahabad High Court

Gaurav vs State Of U.P. And 3 Others on 14 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12281 of 2018
 
Petitioner :- Gaurav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Deepak Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Deepak Kumar, learned counsel for the petitioner, Sri A.K.Sand, 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 4.3.2018, registered as case crime No.63 of 2018, under Sections 147, 148, 323, 308, 354, 504 I.P.C., Police Station Kiratpur, District Bijnor.

Learned counsel for the petitioner submits that the petitioner is a handicapped person with disability of 60% and has been falsely implicated in the present case with malafide intention and for the purpose of harassment.He further submits that 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 which discloses cognizable offence and submitted that the victim has sustained injuries on his person.

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.

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

Order Date :- 14.5.2018/NS