Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20314 of 2018 Petitioner :- Rajesh Babu Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Singh, learned counsel for the petitioner, Sri N.K.Verma, 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 25.4.2016, registered as case crime No.46 of 2016, under Sections 420, 467, 468, 471, 120B I.P.C., P.S. Satti, District Ramabai Nagar.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has come into light during the course of investigation and it is stated that petitioner is business facilitator. He further submitted that 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 and submitted that the matter is under investigation and evidence against the petitioner can be adjudged by the Court below while perusing the case diary.
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 :- 30.7.2018/NS