Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2120 of 2019 Petitioner :- Nikhil Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra,V. N. Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Awadhesh Kumar Mishra, learned counsel for the petitioner, 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 19.12.2018 registered as Case Crime No. 1797 of 2018, under sections 420,467,468,471,120B IPC and Section 3/9 of U.p. Public Examination Act P.S. Murag Nagar District Ghaziabad.
It is submitted by learned counsel for the petitioner that the petitioner in his own right was appearing in the examination alongwith relevant documents but on account of altercation with the invigilator, he has been falsely implictated.
Learned A.G.A, submitted that the petitioner had set up an imposter who was arrested in the examination hall itself, petitioner is a conspirator with the co-accused.
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 :- 29.1.2019 RS