Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1391 of 2019 Petitioner :- Arshad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Mohd. Naseer Ahmad Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Mr. Khalid Mahboob, holding brief of Mohd. Naseer Ahmad, for the petitioner and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 30.12.2018 registered as Case Crime No.522/2018, under Sections 379/411 IPC and Sections 3/25 Arms Act, P.S. Sarayalkhansi, Mau.
Learned counsel for the petitioner submits that on the relevant date and time, he was in jail, the petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless, the FIR is liable to be quashed.
The learned A.G.A has opposed the submission on the premise that the allegation against the petitioner is of recovery of 7 stolen Bolero vehicles at the pointing of co-accused, who also disclosed the name of the petitioner, plea of alibi cannot be considered 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 petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 21.1.2019 Chandra