Sonu Kumar @ Dhirendra Kumar ... vs State Of U.P. And 2 Others
2018 Latest Caselaw 596 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12612 of 2018
 
Petitioner :- Sonu Kumar @ Dhirendra Kumar Pataria And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Puneet Kumar Singh,Dharmendra Prasad Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri D.P.Singh, learned counsel for the petitioners, 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 1.5.2018, registered as case crime No.152 of 2018, under Sections 286, 307 I.P.C., Police Station Kotwali, District Allahabad.

Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the petitioner himself was mercilessly beaten in the incident and the impugned FIR has also been lodged against him. 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 petitioner, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the FIR and submitted that the bombs were hurled on the injured. He further submitted that the petition of co-accused, namely, Virendra Kumar @ Virendra Pataria being Crl. Misc. Writ Petition No.12311 of 2018 has already been dismissed by this Court vide order dated 14.5.2018, copy of which has been produced and the same is taken on record.

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 :- 17.5.2018/NS