Allahabad High Court
Toni @ Haider Ansari And Another vs State Of U.P. And 2 Others on 5 November, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 12048 of 2020 Petitioner :- Toni @ Haider Ansari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
An exemption application has been filed on behalf of the petitioner along with present petition for exempting the filing of certified copy of the F.I.R. as it could not be made available to the petitioners due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
Sri Anish Kumar Singh, Advocate has put in appearance on behalf of respondent no.3. He is directed to file his power in the registry of this Court during the course of the day.
Heard Sri Dinesh Kumar Yadav, learned counsel for the petitioner, Sri Anish Kumar Singh, learned counsel for the respondent no.3 and Ms. Archana Singh, learned A.G.A. 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 7.9.2020, registered as case crime no.599 of 2020, u/s 307, 504 IPC, P.S. Ghaziabad Kotwali, district Ghaziabad.
Learned counsel for the petitioner submits that there was quarrel between the parties on account of trivial issue in the Tilak ceremony. The petitioners were accompanying the co-accused Joni who is said to have fired shot at the injured in intoxicated condition. The injuries sustained by the injured are simple in nature. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned counsel for the respondent no.3 opposed the prayer for quashing of the FIR which discloses the cognizable offence. Moreover the victim sustained fire-arm injuries on vital part of the body.
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 before the concerned Court/Authority/Official.
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.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 5.11.2020
Gaurav