Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23493 of 2018 Petitioner :- Gulrez Kureshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh,Jitendra Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhuvnesh Kumar Singh, learned counsel for the petitioner and Sri Deepak Mishra, learned AGA 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 07.08.2018 registered as case crime no. 0343 of 2018, under Section 505(2) I.P.C. and 67 I.T. Act, Police Station Meerapur, District Muzaffarnagar.
Learned counsel for the petitioner submits that the petitioner has no concern with the alleged face book I.D. and he has neither constituted aforesaid face book I.D. nor made any fake post on the same. As per FIR, no offence is made out against the petitioner. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.8.2018/Ashok Gupta