Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2176 of 2019 Petitioner :- Phagu Lonia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Priti Baranwal,Pankaj Baranwal Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard 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 13.4.2017 registered as Case Crime No. 0355 of 2017, under section 379 IPC, P.S.-Macchali Sahar, District-Jaunpur.
Learned counsel for the petitioner submits that the FIR is malafidely motivated, petitioner is residing in Gujrat for the last 11-12 years as alleged in para 6 of the petition, no offence is made out, FIR be quashed.
Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence.
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 :- 31.1.2019 Fhd.