Hon'ble Rajeev Singh,J.
Heard Sri Diwakar Singh, learned counsel for the petitioner, Sri S.P. Singh,learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Nikhil Pahuja, seeking quashing of the First Information Report dated 18.1.2021, registered as F.I.R. No.22 of 2021, under Sections 467, 468, 471, 420, 506 I.P.C. and 3(1) (Da), 3(1) (Dha) of SC/ Act, Police Station Krishna Nagar, District Lucknow with a further prayer to stay of arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that the petitioner is innocent and has been falsely implicated in the present case. The petitioner has no role to play in the commission of offence for which a fictitious sale deed is said to have been executed by the co-accused persons and the petitioner happens to be relative of the co-accused Rohit Chandani has been falsely roped in the present case, but there appears to be no averments to that effect in the impugned F.I.R. No offence is made out against the petitioner, hence, the F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that a fictitious sale deed has been executed by impersonation of the private respondent no.4 and further from the perusal of the First Information Report, a cognizable offence is made out against the petitioner. Moreover, the petitioner claims himself to be relative of the co-accused Rohit Chandani who is purchaser of the property in question but there is no such averments in the present petition, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 9.2.2021 NS