Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25709 of 2019 Petitioner :- Deepak Gupta Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Amar Nath Singh Counsel for Respondent :- Rajnish Kumar Rai
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing the impugned First Information Report dated 4.11.2019( Annexure No. 1 to this writ petition) lodged in case crime no. 794 of 2019, under section 143 of Indian Railways Act, Police Station R.P.F. Shahjahanpur with a further prayer not to arrest the petitioner in pursuance of the first information report.
The submission of the learned counsel for the petitioner is that the petitioner is having an authorized Railway E- Ticketing Centre. Due to illness of his wife, he appointed Sri Rajan for running the Cyber Cafe, who, by making his personal ID, had issued four tickets on 4.12.2019 in absence of the petitioner, hence, the petitioner cannot be held responsible for issuing the aforesaid tickets from other I.D., hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 FIR 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 FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 17.12.2019 N.A.