Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4607 of 2018
Petitioner :- Lalit Kushwaha
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Shankar Sachan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.S. Sachan, learned counsel for the petitioner, Sri R.K. Mishra, 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 19.11.2017 registered as Case Crime No. 250 of 2017, under Sections 147, 406, 419, 420, 323, 504, 506 I.P.C. and 3 (2) (5) S.C./S.T. Act, Police Station-Atarra, District Banda.
Learned counsel for the petitioners submits that the petitioner has not committed any offence but due to enmity of one Rakesh Nayak, he has been falsely implicated in the present case.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the allegation against the petitioner is that he has taken money from the complainant for providing him job.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.2.2018 Shiraz