Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4837 of 2019 Petitioner :- Mumtaj Ali and 3 others Respondent :- State Of U.P. and 3 others Counsel for Petitioner :- Brij Kishore Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Brij Kishore Pandey, learned counsel for the petitioners, the learned AGA 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 18.12.2018 registered as Case Crime No. 567 of 2018, under sections 419, 420, 467, 468, 471 IPC P.S. Phoolpur District Varanasi.
It is submitted by learned counsel for the petitioner that the petitioner s are valid patta holders under order of the S.D.M. dated 11.3.2016, F.I.R. is mala fidely motivated.
Learned A.G.A. opposed the submission on the ground that the report and signature of the Pradhan are forged coupled with the fact that petitioner no.1 was not even born in 1985 when he is alleged to have been given possession, cognizable offences are made out, writ petition is liable to be dismissed.
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. Order Date :- 22.2.2019/Ram Murti