Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25253 of 2018
Petitioner :- Lok Nath Yadav And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Janardan Yadav, learned counsel for the petitioners, 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 23.3.2018 registered as Case Crime No. 94 of 2018 under section 406 I.P.C., police station Jahanaganj, District Azamgarh.
Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him as he has never taken any money from respondent no. 4 and the whole prosecution story is totally false and concocted. Moreover, the F.I.R. has been lodged after inordinate delay but the same has not been explained, hence the present F.I.R. is liable to 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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 12.9.2018 Shiraz