Danish and 5 Others Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 4825 of 2019

Petitioner :- Danish And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Chandra Yadav Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Subhash Chandra Yadav, learned counsel for the petitioners and the learned A.G.A.

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The relief sought in this petition is for quashing of the F.I.R. dated 25.01.2019, registered as Case Crime No. 0013 of 2019, under Sections 147, 148, 323, 354(ka) 452, 504, 506 IPC, PSRaunapar, District- Azamgarh.

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It is submitted by learned counsel for the petitioners that the parties belong to the same family, allegations are malafidely motivated, civil dispute is pending, FIR is liable to be quashed.

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The learned A.G.A has opposed the submission and submitted that matter relates to sexual harassment, offence is heinous, cognizable offences are made out, the writ petition is liable to be dismissed.

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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 petitioner.

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The writ petition is dismissed.

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Order Date :- 22.2.2019 V.S.Singh

Danish and 5 Others v. State of U.P. and 2 Others

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Danish and 5 Others v. State of U.P. and 2 Others

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