Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26452 of 2018 Petitioner :- Bhura @ Arvind And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ram Neta Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Neta Singh, learned counsel for the petitioners and Sri G. P. 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 02.09.2018 registered as Case Crime No.0294 of 2018, under Sections 60/63 Excise Act and Sections 272, 420, 467, 468, 471 I.P.C., Police Station Hathras Junction, District Hathras.
Learned counsel for the petitioner submits that petitioners are innocent and have been falsely implicated in the present with malafide intention. He further submits that the recovery of the wine in question as well as other articles which have been shown to be recovered from the tube-well, does not belong to the petitioners. As per FIR, no offence is made out against the petitioners. 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Ashok Gupta