Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20522 of 2018 Petitioner :- Rahul Yadav @ Vishal Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sher Singh,Yogendra Kumar
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sher Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. appearing for the State 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 21.7.2018, registered as case crime No.186 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 60 & 63 of U.P. Excise Act,P.S. Badlapur, District Jaunpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. The name of the petitioner has come into light in the confessional statement of co-accused Kallu Yadav. He further submitted that the liquor in question has been recovered from the house of co-accused Kallu Yadav and no recovery has been made from possession of the petitioner. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 31.7.2018/NS