Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4826 of 2019
Petitioner :- Pawan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Kuldeep Kumar, learned counsel for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 16.01.2019 registered as Case Crime No. 62 of 2019, under Sections 420, 467, 468, 471 IPC, PS- Kotwali Nagar, District- Bulandshahr.
It is submitted by learned counsel for the petitioners that petitioners are neither arrested from the spot nor any recoveries made, their names surfaced in the statement of the arrested co- accused for ulterior motives, FIR be quashed The learned A.G.A opposed the submission that petitioners along with others are involved in preparing forged marksheet for recruitment in the Army, incriminating recoveries are made from other co-accused persons, complicity of petitioner cannot be ruled out, cognizable offences are made out, petition be dismissed.
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 dismissed.
Order Date :- 22.2.2019/V.S.Singh