Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25263 of 2018
Petitioner :- Deepak Sharma
Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Deepak Gaur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Deepak Gaur, learned counsel for the petitioner, Sri G.P.Singh, 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 3.6.2018, registered as case crime No.415 of 2018, under Sections 392, 364 I.P.C., P.S.Bishrakh, District Gautam Buddh Nagar.
Learned counsel for the petitioner submits that the victim along with the tractor has already been recovered by the police from the possession of the co-accused Savendra @ Chhotu and Aman Rajpoot. He further submits that the co-accused Savendra @ Chhotu and Aman Rajpoot who were arrested on the spot have already been granted bail by the competent court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. 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 petitioners. The prayer for the same is hereby refused.
However, if the petitioner moves bail application before the court below, the court below while considering his bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioner.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 12.9.2018 NS