Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 12284 of 2019 Petitioner :- Jokhan Pasi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, the learned AGA 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 24.4.2019 registered as Case Crime No. 0071 of 2019, under sections 419, 420, 467, 468, 471 IPC and Section 60(1), 63 and 72 of U.P. Customs & Excise Act, P.S. Sigramau District Jaunpur.
It is submitted by the learned counsel for the petitioner that he has been falsely implicated in the present case, he is neither indulged in manufacturing of illegal liquor nor doing business of liquor but he has been made accused merely on the basis of statement of co-accused Hawaldar Upadhyay, allegations are false, fabricated and frivolous, F.I.R. be quashed.
Learned A.G.A submitted that on the above contention, F.I.R. cannot be quashed as it, prima facie, discloses a 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. Order Date :- 30.5.2019 Ram Murti