Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16081 of 2019
Petitioner :- Harpreet Singh Raina
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Manvendra Singh,Sushil Kumar Dubey
Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Manvendra Singh, learned counsel for the petitioner and Sri Vijay Kumar Pandey, learned A.G.A. 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 17.11.2018 registered as case crime 1271 of 2018 under sections 420, 467, 468, 471 and 120-B I.P.C., police station Kalyanpur, District Kanpur Nagar.
Learned counsel for the petitioner submits that accused petitioner has been falsely implicated in this Court as against him offence under Section 132 (f) would be made out for falsifying the account of G.S.T. and not under I.P.C. sections which are disclosed in F.I.R. It is further stated that he has not committed any forgery and is ready to pay taxes due against him if he is granted protection under Section 173(2) Cr.P.C.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
We have gone through the F.I.R. and the allegation made in the F.I.R .against the accused petitioner as well as co-accused are that they have prepared forged documents in order to resort to tax evasion and, hence offence under Sections 420, 467, 468, 471 and 120-B I.P.C. are prima-facie revealed from the contents of the F.I.R..
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.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)
Order Date :- 10.6.2019
A. Mandhani