Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26067 of 2019 Petitioner :- Narottam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Sanjay Kumar Sharma, learned counsel for the petitioner, Dr. S.B. Maurya, 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 3.12.2019, registered as Case Crime No. 0916 of 2019, under sections 60, 72 Excise Act & 420, 468 IPC, P.S. Katghar, District Moradabad.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated on account of local village factional politics, no incriminating article has been recovered from the his possession, the alleged recovery of illicit liquor has been made from the possession of co-accused Smt. Saroj, who was arrested at the spot, 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, on the ground that above contention can be examined during investigation.
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 :- 19.12.2019 /N.S.Rathour