Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25494 of 2018
Petitioner :- Praveen Kumar
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Romeshwari Prasad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Romeshwari Prasad, learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned brief holding appearing for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 04.09.2018 registered as Case Crime No. 1125 of 2018, under Sections 7, 13(1(d), 13(2) of Anti Corruption Act, 1988, Police Station Baghpat, District Baghpat.
Learned counsel for the petitioner submits that the allegation is against the clerk who has already been arrested while taking bribe of Rs. 15,000/- and the petitioner happens to be only a peon.
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 and taking into account the nature of allegation, there appears to be allegation against the petitioner also who has taken the said money of bribe from the complainant and handed over to the said clerk, 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 13.9.2018 VKG