Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26556 of 2018 Petitioner :- Izhar Ahmed Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arvind Kumar Mishra, learned counsel for the petitioner, Sri N.K. Verma, 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 22.08.2018 registered as Case Crime No.777 of 2018, under Sections 447 IPC and section 3 Prevention of Damages to Public Property Act, 1984, Police Station-Khatauli, District Muzaffarnagar.
Learned counsel for the petitioner submits that the petitioner who is accused in the present case was arrested by the police and he has been granted bail by the competent court. He further submitted that the petitioner was having a decree of property in dispute and states that the FIR does not disclose any offence. He has given an application before the SSP, Muzaffarnagar for getting the investigation done in a fair manner. The petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.He further submitted that the petitioner is an accused in the present case.
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 :- 24.9.2018 AU