Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37373 of 2018
Petitioner :- Ajay Kumar
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Pankaj Dubey,Prem Sagar Dubey
Counsel for Respondent :- G.A.,Anjali Upadhya
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Pankaj Dubey, learned counsel for the petitioner, Ms. Anjali Upadhya, learned counsel for the respondent/informant and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 16.11.2018 registered as Case Crime No. 1121 of 2018, under Sections 488, 288 and 420 I.P.C. and Section 3 of Prevention of Damage to Public Property Act, PS Bisrakh, District- Gautambudh Nagar.
The F.I.R. has been lodged on the allegations that, without any sanctioned building plan, the petitioner is raising illegal construction over plot Nos. 407 and 1162.
It is submitted that the petitioner is not raising any construction over plot nos. 1162 rather he is raising construction over plot no. 407, which is his own plot, as a director of M/S Shiv Shankar Builder PVt. Ltd. and no notice under Sections 9 or 10 of the U.P. Industrial Area Development Act has been issued against him by the competent authority, F.I.R. is malafidely motivated, liable to be quashed.
Per contra Ms. Anjali Upadhyay the learned Standing Counsel for the authority submitted that in the absence of any sanctioned plan from the competent authority, the ongoing construction over plot nos. 407 is also illegal.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (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.
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 F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 19.12.2018 AKT