Jannat Ali vs State Of U.P. And 3 Others
2018 Latest Caselaw 896 ALL

Citation : 2018 Latest Caselaw 896 ALL
Judgement Date : 24 May, 2018

Allahabad High Court

Jannat Ali vs State Of U.P. And 3 Others on 24 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13446 of 2018
 
Petitioner :- Jannat Ali
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ram Bahadur Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri R.B.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 9.4.2018, registered as case crime No.201 of 2018, under Sections 147, 148, 307, 120-B, 34 I.P.C., Police Station Bhojiura, District Bareilly.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with ulterior motive and for the purpose of harassment. He further submitted that there is only allegation of conspiracy against the petitioner.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 medical examination report of the injured has not been annexed with the writ petition, though he has received injuries.

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 :- 24.5.2018/NS