Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16635 of 2019
Petitioner :- Love Kush Kumar And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Anurag Vajpeyi,Ashwini Kumar Awasthi
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Mr Praveen Kumar Singh, Advocate holding brief for Sri A. K. Awasthi, learned counsel for the petitioners, Mr Irshad Hussain, learned AGA for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 3.2.2017, registered as Case Crime No. 147 of 2017, under Sections 420, 120-B IPC and Section 3,4,5,6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978, P.S. Indrapuram, Distrit Ghaziabad.
Learned counsel for the petitioners submits that the main accused Anubhav Mittal has got himself bailed out by the competent court and has also drawn our attention towards annexure no. 3, which is order dated 7.11.2017 passed in respect of co accused Smt Ayushi Agarwal, in same case crime being Criminal Misc Writ Petition No. 24059 of 2017 wherein arrest of co accused Smt Ayushi Agarwal has been stayed till submission of police report by the co-ordinate bench of this court and on this ground has submitted that the present petitioners are also entitled to same protection respite.
It is further submitted that the name of the petitioners surfaced during course of investigation.
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 prayer for the same is hereby refused.
However, if the petitioners move bail application before the court below within a period of two weeks from today, the court below shall consider and decide the bail application in accordance with law and while considering the bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioners that some co-accused has already been granted bail by the competent court.
For a period of two weeks, no coercive steps shall be taken against the petitioners.
The application stands disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 14.6.2019 RavindraKSingh