Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26717 of 2018 Petitioner :- Bharat Rai Alias Bharat Yadav Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Malviya, learned counsel for the petitioner 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 2.7.2018, registered as case crime no.106 of 2018, 419, 420, 272 IPC and 60, 63 U.P. Product Fee/Excise Act, P.S. Jamaniya, district Ghazipur.
Learned counsel for the petitioners submits that as per FIR, no offence is made out against the petitioners. There is no criminal history of the petitioner pending in any Court of law except to this case. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Gaurav