Allahabad High Court
Buddhiram Ram And 3 Others vs State Of U.P. And 3 Others on 17 March, 2021
Bench: Kaushal Jayendra Thaker, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 17691 of 2020
Petitioner :- Buddhiram Ram And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ram Bali Ram
Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Ajit Singh,J.
This writ petition has been filed for following reliefs:-
"(1). issue a writ, order or direction in the nature of Certiorari calling for record and quashing the impugned FIR dated 18.11.2020, bearing Case Crime No. 353 of 2020, under Sections 323, 504, 506 IPC, Police Station - Jamania, District - Ghazipur (Annexure No. 1 to the writ petition).
(2). issue a writ, order or direction in the nature of Mandamus restraining the respondents from taking any coercive measures against the petitioners in pursuance of the aforesaid FIR dated 18.11.2020, bearing Case Crime No. 353 of 2020, under Sections 323, 504, 506 IPC, Police Station - Jamania, District - Ghazipur.
(3). issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(4). award cost of this petition in favour of the petitioners."
The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. It is also argued by the learned counsel for petitioners that they are students and students cannot commit criminal offences. The First Information Report is liable to be set aside by this Hon'ble Court.
The learned AGA appearing for the State has vehemently opposed the submissions of the learned counsel for the petitioners. It is further argued by him that the submission made by the learned counsel for the petitioners is not acceptable, it is only an eye wash. Investigation is still going on and at this stage, it can not be said that the allegations made in the First Information Report are false or fabricated.
At this stage of the matter, looking to the submissions made by the learned counsel for the petitioners as well as the learned AGA, this Court cannot find out whether the alleged offences were committed by the accused or not. Investigation is still going on in this matter and there are cross cases also.
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.
In the said judgment, the Full Bench has held that "thus, the Court is not permitted to consider/examine the reliability/genuineness of the allegations made in the FIR or complaint, at the stage of considering a case for quashing criminal proceedings."
In view of the above, we find that the instant writ petition is not maintainable and is rejected.
Order Date :- 17.3.2021
LBY
