Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5338 of 2019 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ali Hasan, 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 11.2.2019 registered as Case Crime No. 0075 of 2019, under sections 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Line Bazar, District Jaunpur.
The FIR alleges that despite payment of full fee to the college through the petitioner, an employee of the college, the informant was prevented to appear in the Nursing examination, upon inquiry it transpired that petitioner had prepared forged papers to authenticate payments.
It is submitted by learned counsel for the petitioner that he is only a daily wager, allegations are malafidely motivated, informant did pursue the course for 2 years, but as the informant had not paid entire fee (only Rs.55,000/- out of Rs.1,08,000/-), she was prevented from appearing in the supplementary of IIIrd year examination, coupled with the fact that the petitioner has also been implicated by the owner of the college in Case Crime no.330 of 2018, substantially on same allegations, in which he has been bailed out, the impugned FIR is liable to be quashed.
Learned A.G.A, opposed the submission on the ground that both the FIR's relate to different allegations, wherein the informant are also different, cognizable offences are made out, FIR cannot be quashed.
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 :- 28.2.2019 N.S.Rathour