Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20373 of 2018
Petitioner :- Lakhvindar Singh
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mirza Ali Zulfaqar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mirza Ali Zulfaqar, learned counsel for the petitioner, Sri G.P. 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 5.6.2018 registered as Case Crime No. 345 of 2018 under sections 420, 467, 468, I.P.C., police station Swar, District Rampur.
Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the present case only on account of the fact that truck in question was being dismantled near the house of the petitioner, hence the present F.I.R. against him is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that co-accused Sohan Singh has already been granted bail by the competent court.
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 prayer for the same is hereby refused.
However, if the petitioner move bail application before the court below, the court below while considering his bail application shall take into account that co-accused has already been granted bail by the competent court.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2018 Shiraz