Subhash Yadav and Others Vs. State of U.P. and Others

Subhash Yadav and Others vs State of U.P. and Others

Type Court Judgment Court Allahabad Decided Nov 02, 2010

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https://sooperkanoon.com/case/918298

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Citation: sooperkanoon.com/918298
Court: Allahabad High Court
Judge: Amar Saran; Surendra Singh, JJ.
Decided On: Nov 02, 2010
Case Number: CRIMINAL MISC. WRIT PETITION No. - 20153 of 2010
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Subhash Yadav and Others

Advocate R.C.Uttam, Adv

Respondent

State of U.P. and Others

Advocate Govt. Advocate

Legal References

Cases Referred: State of Haryana v. Bhajan Lal and

Excerpt

1. heard learned counsel for the petitioners and learned additional government advocate. 2. the relief sought in this petition is for quashing of the fir registered at case crime no. 251 of 2010, under sections 147,148,332,353,336 ipc & section 7 criminal law amendment act, police station sadar bazar, district mathura. 3. the full bench of this court in ajit singh @ muraha v. state of u.p. and others (2006 (56) acc 433) reiterated the view taken by the earlier full bench in satya pal v. state of u.p. and others (2000 cr.l.j. 569) after considering the various decisions including state of haryana v. 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 f.i.r. or there is any statutory restriction operating on the power of the police to investigate a case. 4. 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 fir or staying the arrest of the petitioners. 5. the writ petition is accordingly dismissed. 6. however, it is provided that if the petitioners appear before the court concerned within three weeks and apply for bail in the aforesaid case, their prayer for bail shall be heard and disposed of expeditiously.

Full Judgment

1. Heard learned counsel for the petitioners and learned Additional Government Advocate.

2. The relief sought in this petition is for quashing of the FIR registered at case crime No. 251 of 2010, under sections 147,148,332,353,336 IPC & Section 7 Criminal Law Amendment Act, police station Sadar Bazar, district Mathura.

3. The Full Bench of this court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. 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 F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.

4. 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 FIR or staying the arrest of the petitioners.

5. The writ petition is accordingly dismissed.

6. However, it is provided that if the petitioners appear before the court concerned within three weeks and apply for bail in the aforesaid case, their prayer for bail shall be heard and disposed of expeditiously.

Same Court & Year Allahabad · 2010 Same Parties Subhash Yadav and Others vs State of U.P. and Others Same Subject Criminal Same Judge Amar Saran; Surendra Singh, JJ.