AWADHESH KUMAR versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Awadhesh Kumar v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 10864 of 2007 [2007] RD-AH 13606 (7 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Imtiyaz Murtaza, J.

Hon'ble  Vijay Kumar Verma, J.

Heard learned counsel for the petitioner and 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. 208 of 2007 under Section 376 I.P.C.,  Police Station Rasoolabad, district Kanpur Dehat.

The Full Bench of this court in the case of Ajit Singh @ Muraha Vs. State of U.P. & others reported in 2006(56) ACC 433 has reiterated the view taken by the earlier Full Bench in Satyapal 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 cannot be done directly.

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

In this view there is no force in the writ petition and it is accordingly dismissed.

However, it is provided that in case the petitioner surrenders and applies for bail within 10 days from today before the courts below, the same shall be decided by the courts below expeditiously in accordance with law.

Dated : 7.8.2007

S.B.

Crl. W.P. 10864/07

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