Hon'ble Rajeev Singh,J.
Heard Shri Vijay Nath Pandey, learned counsel for the petitioner, Shri D.S. Rana, learned A.G.A. for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, seeking quashing of the F.I.R. No. 528-E of 2008, under Sections 406, 420 I.P.C., police station Gomti Nagar, District Lucknow with a further prayer not arrest the petitioner in the present F.I.R.
Learned counsel for the petitioner argues that there are several F.I.R.s against the petitioner and in some of the F.I.R., interim protection has been granted to the co-accused till the submission of the police report under Section 173(2) Cr.P.C., copy of the order has been annexed as Annexure 2 to the present petition, hence, the petitioner is also entitled for the similar relief.
Learned A.G.A. opposes the prayer for quashing of the F.I.R. and submits that the petitioner along with other co-accused duped the amount. He further submits that the F.I.R., discloses cognizable offence against the petitioner, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including 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 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the FIR, prima facie, it cannot be said that no cognizable offence is made out. So far as the order passed by this Court granting interim relief to the other co-accused is concerned, as has been argued by the learned counsel for the petitioner, from a perusal of the same it is apparent that this Court passed an order staying the arrest of the petitioners in the said case till the submission of police report under Section 173(2) Cr.P.C., but had not accepted the prayer for quashing of the F.I.R. But, after passing of the order by the Apex Court in the case of Samiksha Singh @ Nikki Vs. State of Uttar Pradesh and others: Special Leave to Appeal (Crl.) No. 4650 of 2020 in which, while refusing the prayer to quash the First Information Report, the arrest of petitioner was stayed, which has been challenged before the Apex Court in the said case and the matter is subjudice before the Apex Court, hence, we do not think it proper to pass the same order in the matter. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
Accordingly, this writ petition fails and is dismissed.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.1.2021 VKS