Hon'ble Subhash Chand,J.
Supplementary affidavit filed by learned counsel for the petitioner, is taken on record.
Heard Sri Ram Dulare Singh, learned counsel for the petitioner, Ms. Manju Thakur, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Bijendra Singh Suriya @ B.S Suriya seeking quashing of the First Information Report of Case Crime No.438 of 2020, under Sections 409, 419, 420 IPC, P.S. Tundla, District Firozabad with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submitted that the petitioner has not committed any fraud. He submits that the allegation mentioned in the F.I.R. is against the employee of Canara Bank Branch Tundla and petitioner is not responsible for any fraud committed by employee of Canara Bank, Branch Tundla after 09.7.2017. He submits that the petitioner was transferred in second week of July, 2017 from Branch Tundla to Lohamandi and on 10.7.2017 petitioner has joined his services at Branch Lohamandi Canara Bank as a Manager and since then he is working in Canara Bank Branch Lohamandi, Agra. He submits that the F.I.R. has been lodged on false and fabricated grounds, hence the same deserves to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, 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. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
Accordingly, this writ petition fails and is dismissed.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 13.1.2021 Tamang