Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10497 of 2018 Petitioner :- Rajesh Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Shahi,Sarvanand Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Atul Kumar Shahi, learned counsel for the petitioner and Sri Narendra Tiwari, learned brief holder 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 09.04.2018, registered as case crime no. 798 of 2018, under Sections 3, 4, 5, 6 and 7 of Immoral Traffic (Prevention) Act, 1956, Police Station Indra Puram, District Ghaziabad.
Learned counsel for the petitioner submitted that the petitioner has no concerned at all with the premises where the offence in question was being committed by the co-accused persons. He further submitted that the co-accused persons have already been granted bail by the competent court concerned, hence the present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 petitioners.
The writ petition is, accordingly, dismissed.
The court below shall consider the facts that the co-accused persons have already been granted bail by the competent court concerned, while considering the bail of the petitioner.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018/VKG