Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2187 of 2019 Petitioner :- Lallan Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaiya Ghanshyam Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, the learned AGA 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 8.6.2018 registered as Case Crime No. 190 of 2018, under sections 419, 420, 467, 468 IPC P.S.-Rasara, District-Ballia.
The FIR alleges that informant is a resident of Bokaro (Jharkhand), the petitioner along with co-accused executed an agreement by setting an imposter to further carry out transfer.
It is submitted by learned counsel for the petitioner that the petitioner is a senior citizen aged about 72 years, has no criminal antecedents, FIR is malafidely motivated, liable to be quashed.
Learned A.G.A, opposed the submission on the ground that F.I.R discloses commission of cognizable offence and the petition filed by Co-accused Shashi Dhar Singh and another has already been dismissed by order dated 27.6.2018 in Criminal Misc. Writ Petition No. - 16839 of 2018.
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.
Order Date :- 31.1.2019 Fhd.