Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26765 of 2018
Petitioner :- Awdhesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Shankar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prem Shankar, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. appearing 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 30.8.2018 registered as Case Crime No. 259 of 2018 under section 3/7 E.C. Act, 1955, police station Kotwali Nagar, District Hamirpur.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him though he has no role to play in the present crime, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the present case relates to Public Distribution System scam which has been committed in the entire State and at this stage the participation of the petitioners in the present case cannot be ruled out. He further submits that the F.I.R. of the present case has been lodged after due approval of the District Magistrate. He further submits that in a similar case this Court while dismissing the petition has passed a detailed order on 6.9.2018 in Crl. Misc. Writ Petition No. 24575 of 2018 (Amit Kumar Jadaun (Amit) vs. State of U.P. and others).
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 Shiraz