Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10698 of 2018
Petitioner :- Jitendra Kumar Sharma
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Namit Kumar Sharma,Pankaj Sharma
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Sharma, 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 1.2.2016 registered as Case Crime No. 49 of 2016 under sections 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., police station Sigra, district Varanasi.
Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the present case levelling false and frivolous allegations though no offence as has been alleged 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.
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 :- 26.4.2018 Shiraz