Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25245 of 2018
Petitioner :- Girjesh Kumar
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu,Ali Hasan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit along with Vakalatnama has been filed by Sri P.S. Yadav on behalf of the petitioner which is taken on record.
Heard Sri P.S. Yadav and Sri Ravi Sahu, learned counsel for the petitioner, Sri A.R. Chaurasia, 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 29.4.2006 registered as Case Crime No. 316 of 2006 under sections 467, 468, 471, 419, 420 I.P.C., police station Kotwali, District Hamirpur.
Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the petition filed by co-accused persons, i.e., Crl. Misc. Writ Petition No. 25628 of 2017 has already been dismissed by a co-ordinate Bench of this Court vide order dated 21.11.2017. Thereafter learned counsel for the petitioner confined his prayer by making oral prayer that investigation of the present case may be directed to be expedited within a stipulated period.
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, taking into account the oral prayer made by learned counsel for the petitioner, the Investigating Officer of the present case is directed to conclude the investigation of the present case and submit the police report under section 173 (2) before the court concerned expeditiously preferably within a period of six weeks from the date of production of a certified copy of this order The writ petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 12.9.2018 Shiraz