Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26592 of 2018 Petitioner :- Mohan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mool Chandra Maurya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 02.09.2018 registered as Case Crime No. 0499 of 2018 under Section 409 IPC, Police Station- Soron, District Kasganj.
Learned counsel for the petitioner submits that petitioner's salary of 19 months was outstanding towards Zila Sahkari Bank in question and he has withdrawn the same with due permission of the Chairman of the said bank.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submits that there appears to be no written order of the Chairman of the Bank to that effect.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Madhurima