Dismissed

Bhagwan Singh Yadav and Another v. State of U.P. and 3 Others

Allahabad HC23 Jul 2019CRLP/16193/2019

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR registered under various IPC sections and the SC/ST Act. The court held that prima facie a cognizable offence was disclosed, precluding interference with investigation or arrest orders.

What did the court decide?

The writ petition seeking quashing of the FIR and staying of arrest was dismissed.

Bhagwan Singh Yadav and Another Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16193 of 2019

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Petitioner :- Bhagwan Singh Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.

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Heard Sri Aadesh Kumar Dixit holding brief of Sri D.K. Srivastava, learned counsel for the petitioners, Sri S.N. Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.

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As per the Office report dated 22.7.2019, in compliance of the order of this Court dated 11.6.2019, notice has been issued to respondent no. 4 but neither acknoledgment nor undelivered cover has been received back so far.

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The relief sought in this petition is for quashing of the F.I.R. dated 20.4.2019 registered as case crime 468 of 2019 under sections 420, 467, 468, 471, 406, 323 504 I.P.C. and 3 (2) (v) S.C./S.T. Act, police station Kotwali Orai, District Jalaun.

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Though an F.I.R. was registered against the petitioners under sections 420, 467, 468, 471, 406, 323 504 I.P.C. but the same has also been lodged under section 3 (2) (v) of the S.C./S.T. (Prevention of Atrocities) Act, 1989. In view of the provisions under section 18 of the S.C./S.T. (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of the Code of Criminal Procedure does not apply to a person committing an offence under the said Act. Hence the Court proceeds to hear the matter.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against them, hence the present F.I.R. is liable to be quashed.

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Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.

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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.

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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.

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The writ petition is, accordingly, dismissed.

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(Raj Beer Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 23.7.2019/Shiraz

Bhagwan Singh Yadav and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhagwan Singh Yadav and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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