Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2135 of 2019
Petitioner :- Paramjeet @ Parma And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Ms.Tanisha Jahangir Monir, 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 19.8.2018 registered as Case Crime No. 0577 of 2018, under sections 420,467,468,471,120B and 411 IPC P.S. Phase-II, District Gautam Budh Nagar.
It is submitted by leaned counsel for the petitioners that the petitioners are not named in the F.I.R, their names surfaced during investigation in the confessional statements of the arrested co-accused, coupled with no recoveries from the petitioners.
Learned A.G.A, submits that its a case where huge recoveries of electronic goods of M/s Samsung Ltd were siphoned off in transit, accomplicity of the petitioners cannot be ruled out on the confessional statement of co-accused. He further submits relevance and admissibility of the statements of co-accused can only be examined at an appropriate stage.
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 :- 29.1.2019 RS