Ramesh Chandra Pradhan And 12 ... vs State Of U.P. 2 Others
2018 Latest Caselaw 521 ALL

Citation : 2018 Latest Caselaw 521 ALL
Judgement Date : 14 May, 2018

Allahabad High Court

Ramesh Chandra Pradhan And 12 ... vs State Of U.P. 2 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. - 12271 of 2018
 
Petitioner :- Ramesh Chandra Pradhan And 12 Others
 
Respondent :- State Of U.P. 2 Others
 
Counsel for Petitioner :- Abhijit Mishra
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Abhijit Mishra, learned counsel for the petitioners, Sri G.P.Singh, 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 29.4.2018, registered as case crime No.203 of 2018, under Sections 307, 323, 504, 506 I.P.C & 3(1) (DA) SC/ST Act, Police Station Bewar, District Mainpuri.

Learned counsel for the petitioners submits that there are counter-versions of the incident in which both sides have received injures.The allegations levelled against the petitioners 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 two victims sustained lacerated wounds on their 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 petitioners.

The writ petition is, accordingly, dismissed.

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

Order Date :- 14.5.2018/NS