Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25339 of 2018 Petitioner :- Kamal Ahmad @ Laddan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Uma Nath Pandey, Advocate has filed his power on behalf of respondent no.3 which is taken on record.
Heard Sri V.K. Dubey, learned counsel for the petitioners, Sri Uma Nath Pandey, learned counsel for the respondent no.3 and Sri A.K. Sand, 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 6.9.2018, registered as case crime no.460 of 2018, u/s 395 IPC r/w 66 Information Technology (Amendment) Act, 2008, P.S. Bakhira, district Sant Kabir Nagar.
Learned counsel for the petitioners submits that the petitioners never looted any article from the house of respondent no.3 and also not committed any offence u/s 66 of I.T. Act at any point of time. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA as well as learned counsel for the respondent no.3 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 Gaurav