Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10466 of 2018 Petitioner :- Md. Sartaj Alam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abdul Khalik Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abdul Khalik, learned counsel for the petitioner, Sri N.K. Verma, 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 07.06.2017, non-bailable warrant dated 22.01.2018 and proclamation for absconding person dated 30.03.2018 issued by Chief Judicial Magistrate, Etah, District Etah in Case Crime No. 717 of 2017, under Sections 420 IPC and 66, 66D Information Technology Act 2000, Police Station Kotwali, District Etah.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The main allegation is against Mohit. The petitiioner is innocent and has been falsely implicated in the present case. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same 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 :- 24.4.2018 AU