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Bala Dubey v. State Of U.P.And Others - CRIMINAL MISC. WRIT PETITION No. 7264 of 2007 [2007] RD-AH 10573 (11 June 2007)


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Hon.Imtiyaz Murtaza, J.

Hon.Rajes Kumar, J.

Heard learned counsel for the petitioner and the learned A.G.A. for the State.

This petition has been filed by the petitioner for quashing of the first information report lodged at case crime no. 479 of 2007  under Section 306 I.P.C. Police Station Aurai district Sant Ravi Das Nagar (Bhadohi).

Recently the Full Bench in Ajit Singh @ Muraha Vs. State & Others, Criminal Misc. Writ Petition No.4861 of 2000 decided on 5.7.2006 has reiterated the view taken by the earlier Full bench in Stayapal Vs. State of U.P. & Others, 2000 Cr. L.J. 569 that there can be no interference with the investigation or order staying arrest unless the F.I.R. discloses no cognizable offence or there is any statutory restriction on the power of the police to investigate a case as laid down by the Apex Court in various decisions including State of Haryana Vs. Bhajan Lal and Others, AIR 1992 SC 604, and that the observations and directions in Joginder Kumar's case, (Joginder Kumar Vs. State of U.P. & Others, (1994) 4 SCC 260 do not relate to the power of the High Court to stay arrest or to quash an F.I.R. under Article 226 and contain only directions for the police, the breach whereof may call for departmental proceedings or action under contempt. The Full Bench has further held that it is not permissible to utilize the writ jurisdiction under Article 226 of the Constitution in such a manner as to provide anticipatory bail which has been deleted in the State of U.P. and to do indirectly what can not be done directly.

The petitioner's counsel has been unable to satisfy the Court that prima facie on the allegations in the F.I.R. no cognizable offence is disclosed, or that there was any statutory restriction on the conduct of investigation in this case.

In this view that is no force in the writ petition, which is accordingly dismissed.

However, it is directed that in case the petitioner surrenders and applies for bail within fifteen  days from today before the courts below in the aforesaid case, the same shall be considered and disposed of by the courts below expeditiously in accordance with law.




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