Allahabad High Court
Lalit And 4 Others vs State Of U.P. And 2 Others on 2 January, 2020
Bench: B. Amit Sthalekar, Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 26099 of 2019 Petitioner :- Lalit And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A. Hon'ble B. Amit Sthalekar,J.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing of the FIR dated 11.12.2019 registered as Case Crime No. 427 of 2019, under Sections 452, 307, 323, 147, 148, 504, 506 I.P.C., Police Station Rabupura, District Gautam Budh Nagar with a further prayer, not to arrest the petitioners in pursuance of the first information report.
The allegation as per FIR is that on 21.11.2019 at 6:30 hour Lalit and Jitendra armed with iron rod, Charan Singh with 'farsa', Anuj with stick(lathi) and Yogesh with Saria assaulted and injured Jitendra and Sheelu @ Sheelendra. Hariom who came to rescue them, also got seriously injured in the assault by Jitendra with rod.
The submission of the learned counsel for the petitioners is that Cross FIR has been lodged on 22.11.2019 at 22:01 hour being Case Crime No. 0409 of 2019 in which Jitendra son of Netrapal got injured. Hence the present FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 FIR 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 FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners namely, Lalit, Yogesh, Jitendra, Charan and Anuj appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 2.1.2020 P.P.