Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25745 of 2018 Petitioner :- D.P.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Balbir Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing 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 24.08.2018 registered as Case Crime No. 642 of 2018 under Section 8/20 Narcotics Drugs and Psychotropic Substance Act, Police Station Iglas, District Aligarh.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name came into light during the course of investigation when the co-accused was arrested and disclosed the identity of the petitioner.
Learned AGA opposed the prayer for quashing of the FIR which discloses 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 :- 17.9.2018/Madhurima