Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26789 of 2018 Petitioner :- Kamlesh Gupta Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satyendra Kumar Singh, learned counsel for the petitioner, Sri Gambhir Singh, 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 11.08.2018 registered as Case Crime No. 164 of 2018, under Sections 406, 420 IPC, Police Station-Chow, District Varanasi.
Learned counsel for the petitioners submits that the co-accused Ravi has already been granted bail by the court below. 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.
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 court below shall consider the bail application of the petitioner. The writ petition is, accordingly, disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 AU