Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13883 of 2018
Petitioner :- Nandani Sharma
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Dwivedi, learned counsel for the petitioner, Ms. Manju Thakur, 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 18.5.2018 registered as Case Crime No. 575 of 2018 under sections 328, 386, 120-B I.P.C. and 67 I.T. Act, police station Highway, District Mathura.
Learned counsel for the petitioner submits that the petitioner is a Journalists. She has been falsely implicated by respondent no. 3 as there was a relationship between them and when the petitioner pressurized the respondent no. 3 for marrying her, he lodged the preset F.I.R. which is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that there is a gang of petitioner and other co-accused persons, who exploit the innocent people for want of money.
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 :- 28.5.2018 Shiraz