Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10892 of 2018
Petitioner :- Ganga Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikey Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kartikey Singh, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 7.4.2018 in FIR No.327 of 2018, under Section 60 Excise Act and under Sections 272, 273 & 420 I.P.C., Police Station Naujheel, District Mathura.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the petitioners were neither arrested on the spot nor any recovery has been made from possession of the petitioners and their names have been included in the present case only on the basis of information of an informer. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
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 petitioners. The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 30.4.2018/NS