Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25735 of 2018 Petitioner :- Ghanshyam Yadav @ Loha Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Singh, learned counsel for the petitioner, Sri A.K.Sand, 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 4.6.2018, registered as case crime No.178 of 2018, under Sections 380/411 I.P.C., P.S. Aurai, District Bhadohi.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is not named in the present FIR and when he moved a surrender application, it has been reported that there is sufficient evidence against him, but no evidence has been disclosed to the petitioner for his involvement in the present case. No recovery of any incriminating article has been made either at the pointing out of the petitioner or from his possession. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
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.
Taking into account the nature of allegations levelled against the petitioner and 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/NS