Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11451 of 2019 Petitioner :- Mangaru Prasad Gupta And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Ashwini Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ganesh Shanker Srivastava, learned counsel for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 10.4.2019, registered as Case Crime No.459/2019, under Sections 457/380/427/504/506 IPC, P.S. Lanka, Varanasi.
It is submitted by learned counsel for the petitioners that the informant got a registered sale deed executed on 22.10.2012 in favour of his wife, taking undue advantage from the mother of petitioner no.1, without any sale consideration, as the mother of petitioner no.1 was suffering from mental disorder, a civil suit for cancellation of the aforesaid sale deed is pending, impugned FIR has been filed on false and mischievous allegations, with a delay of 21 days, only with a view to harass the petitioners, same be quashed.
The learned A.G.A has opposed the submission.
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 :- 30.4.2019 Chandra