Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24387 of 2018 Petitioner :- Kamal Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Rana,Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikas Rana, learned counsel for the petitioner and Sri Irshad Hussain, learned AGA 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 29.08.2018 registered as case crime no. 1166 of 2018, under Section 66 and 66B of Information Technology (Amendment) Act-2008 and Section 3/7 Essential Commodities Act, Police Station Baradari, District Bareilly.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that if any such irregularities have been committed by the petitioner then some person may also make complaint against the petitioner but there is no public complaint against the petitioner. As per FIR, no offence is made out against the petitioner. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA 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 petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 5.9.2018/Ashok Gupta