Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1964 of 2019 Petitioner :- Amar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sameer Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sameer Khan, learned counsel for the petitioner, Sri A.N. Mulla, learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R, dated 30.10.2018 registered as Case Crime No. 1005 of 2018, under sections 380, 457 IPC P.S. Dehli Gate District Aligarh.
Learned counsel for the petitioners submits that the name of the petitioner surfaced in the confessional statement of co-accused Monu, coupled with no recoveries of any amount towards theft of Rs.40,000/-.
Learned A.G.A. rightly submits that the above could not be a ground to quash the FIR, cognizable offence is made out, relevancy and admissibility of the statement of co- accused cannot be examined at this stage.
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 petitioners.
The writ petition is, accordingly, dismissed. Order Date :- 29.1.2019/Harshita