Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26727 of 2018 Petitioner :- Ashok Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Krishan Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Krishan Yadav, learned counsel for the petitioners and Sri Gambhir Singh, learned AGA for the State 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 22.8.2018, registered as case crime no.629 of 2018, u/s 147, 148, 149, 409, 332, 353, 352, 323, 307 IPC and 7 Crl.
Law Amendment Act and 13/7 P.C. Act, P.S. Iglas, district Aligarh.
Learned counsel for the petitioners submits that the petitioners are the conductor in UPSRTC on contract basis and they are also the member of Uttar Pradesh Roadways Karmchari Ekta Sangh, Hathras. The petitioners were not present at the place of incident on the date and time of occurrence. They have been falsely implicated in the present case.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the allegation against the petitioners is that they were taking the passengers without given tickets and they were arrested by the raiding party. The FIR discloses the cognizable offence against the petitioners.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Gaurav