Allahabad High Court
Talib vs State Of U.P. And 3 Others on 24 August, 2020
Bench: Ramesh Sinha, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 7734 of 2020 Petitioner :- Talib Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Singh,J.
Heard Sri A.K.Pandey, learned counsel for the petitioners, Sri A.R.Chaurasia,learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 28.4.2020, registered as Case Crime No.331 of 2020, under Sections 41, 411, 419, 420, 467, 468, 471, 153A, 429, 188, 269, 270 I.P.C., 11(2) Prevention of Cruelty to Animals Act, 1960, 3/5A/8 of U.P. Cow Slaughter Act & 8, 18 The Environment (Protection) Act, Police Station Muhammdabad, District Mau.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is not named in the F.I.R and his name has come into light in the confessional statement of the co-accused who were arrested on the spot.The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Ajit Singh, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2020/NS