Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25649 of 2019 Petitioner :- Lalit Parashar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Rana Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Amit Rana, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 20.11.2019, registered as Case Crime No.1101/2019, under Sections 376/507/504/509 IPC and 67 of the IT Act, P.S. Kasna, Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner is a practising lawyer, FIR is malafidely motivated as the same has been lodged in retaliation to the FIR lodged by the petitioner, against respondent no. 4 and others, arising out of an order under Section 156(3) Cr.P.C as Case Crime No.0377/2019, under Sections 420/467/468/491/323/394 IPC, the informant and her husband are serving police officials, FIR is also an outcome of undue influence.
Learned A.G.A opposed the submission that the FIR cannot be disbelieved at this stage as there are serious allegations of sexual assault of the informant and is also threatening to make the offensive video viral.
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 dismissed.
Order Date :- 18.12.2019 Chandra