Devendra Siddhu and Others vs State of U.P.and Others

Rakesh Tiwari, Karuna Nand Bajpayee, J.—The relief sought in this petition is for quashing of the F.I.R. and staying the arrest of the petitioners registered as Case Crime No. 95 of 2013 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S.Mahila Thana District Meerut.

Heard learned counsel for the petitioners and the learned A.G.A. appearing for the State and perused the record.

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 the case of 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 exfacie 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.

As the petitioners 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 interference in the investigation.

However, in the peculiar circumstances of the case, if the petitioners surrender within three weeks from today and apply for bail, the bail application shall be disposed of in accordance with law as laid down in the case of Amrawati and another versus State of U.P., 2005 Crl.L.J. 755 and Lal Kamlendra Pratap Singh versus State of U.P. And others 2009 (4) SCC. 437.

The petition is disposed of with the above observations.