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2015 DIGILAW 948 (ALL)

Babloo @ Chandra Prakash v. State of U. P.

2015-04-22

MUKHTAR AHMAD, RAKESH TIWARI

body2015
JUDGMENT Heard learned counsel for the petitioner and the learned A.G.A. appearing for the State. 2. The relief sought in this petition is for quashing of the F.I.R. and staying the arrest in the case registered as Case Crime No. 298 of 2014, under Sections 452, 354, 504 & 506 IPC. and 3(1) 10 SC/ST Act P.S. Baberu District Banda. 3. The full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. & others [2006 (56) ACC 433] reiterated the view taken by the earlier Full Bench in Satya Pal vs. State of U.P. & others [2000 Cr.L.J. 569] after considering the various decisions of the Apex Court including State of Haryana vs. Bhajan Lal and others [ 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. Some other circumstances have also been illustrated in this regard. 4. As the petitioner could not make out any case which could fall under any of the categories recognized and discussed in the above mentioned cases which may justify the quashing of FIR or staying the arrest of accused, we do not feel inclined to quash the FIR or interfere in the investigation. 5. However, in the peculiar facts and circumstances of the case, we direct that if the petitioner surrenders within one week from today and applies for bail, the bail application shall be disposed of within three weeks thereafter. 6. Till disposal of bail application or for the period of thirty days from today whichever is earlier, no coercive action shall be taken against the petitioner. The petition is disposed of with the above observations.