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2011 DIGILAW 796 (ALL)

Gori Devi @ Somwati Devi and Others v. State of U. P. and Others

2011-03-29

SURENDRA SINGH, VINEET SARAN

body2011
Hon'ble Surendra Singh,J.:- Heard learned counsel for the petitioners and the learned A.G.A. for the State. The relief sought in this petition is for quashing of the FIR registered at case crime no. 25 of 2011 under sections 363, 366 IPC, Police station Ashothar, District Fatehpur. 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. However, it is provided that if the petitioners appear/surrender before the Court concerned within two weeks from today and applies for bail in the aforesaid case, their prayer for bail shall be considered by the courts below in view of the settled law laid down by the seven Judges Bench of this Court in the case of Amrawati and another vs. State of U.P., 2004(57) ALR 290, affirmed by the Supreme Court in Lal Kamlendra Pratap Singh vs. State of U.P., 2009 (4) SCC 437 after hearing the public prosecutor.