Hon'ble Rajeev Singh,J.
Heard Shri Indrajeet Shukla, learned counsel for the petitioners, Shri Anurag Verma, learned A.G.A. for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners namely Chandra Prakash Tiwari, Salik Ram, Chandrawati & Gudiya, seeking quashing of the First Information Report of Case Crime No.0038 of 2021, under Sections 420, 467, 468, 471, 409, 120-B I.P.C. & Sections 3/7 of Essential Commodities Act, 1955, Police Station Udaipur, District Pratapgarh, with a further prayer to stay the arrest during the pendency of the investigation of the said case.
It has been argued by the learned counsel for the petitioners that the petitioner No.1 is the Fair Price Shop dealer and he is running the Fair Price Shop for the last 28 years and there is no complaint ever made against him regarding functioning of the Fair Price Shop. He further submitted that the petitioner Nos.2, 3 & 4 are the members of the Village Panchayat, who used to give certificate regarding distribution of essential commodities to the Fair Price Shop dealer and they have also been made accused in the present case. He further submitted that the petitioner No.1 has already surrendered his Fair Price Shop due to his health conditions.
Learned A.G.A. has opposed the prayer of petitioners and submits that the F.I.R. discloses a cognizable offence. He further submitted that the allegation of black marketing etc. have been levelled against the petitioners in the impugned F.I.R., and on the recommendation of the District Magistrate, Gonda, the impugned F.I.R. has been lodged based on the report dated 05.02.2020 of Investigating Officer/Sub-Inspector, Food Cell.
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 F.I.R., 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, thus, dismissed.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 11.2.2021 S. Shivhare