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Bhagwat Prasad Singh vs State Of U P And Others

High Court Of Judicature at Allahabad|26 February, 2019
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JUDGMENT / ORDER

Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5323 of 2019 Petitioner :- Bhagwat Prasad Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri M.A. 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 7.1.2019 registered as Case Crime No. 5 of 2019, under sections 420, 467, 468, 471 IPC P.S. Kotwali District Moradabad.
Learned counsel for the petitioner submits that the petitioner was Chief Manager of the branch concerned which disbursed a loan of about Rs.77 lakh to the partnership firm, M/s Star Contractors & Traders of which co-accused Waseem Khan and Surendra Singh (father of the informant) were partners, the petitioner has no concern either with co-accused Waseem Khan or with the said partnership firm, he is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Learned A.G.A. opposed the contention on the ground that co-accused Wasim Khan/Javed Khan prepared false and fabricated documents along with the father of the informant and took loan from the bank, the petitioner being the Chief Manager of the said bank cannot escape from his responsibility of sanctioning/delivering the loan without due verification, investigation is pending.
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 :- 26.2.2019/Ram Murti
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Title

Bhagwat Prasad Singh vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 February, 2019
Judges
  • Pankaj Naqvi
Advocates
  • Meraj Ahmad Khan