Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5312 of 2019 Petitioner :- Rajnesh Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alok Kumar Singh,Ramesh Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Alok Kumar Singh, learned counsel for the petitioners, 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 27.1.2019, registered as Case Crime No. 42 of 2019, under sections 504, 506, 420, 406 IPC, P.S. Ghanghata, District Sant Kabir Nagar.
It is submitted by learned counsel for the petitioners that the FIR arises out of an application under Section 156(3) CrPC, no proof of alleged deposit of Rs.40,000/-, informant was himself Assistant Branch Manager of a private bank, FIR is malafidely motivated, same is liable to be quashed.
Learned A.G.A, opposed the submission on the ground that the petitioners are the office-bearers of the bank, cognizable offences are made out and investigation pending.
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.
Order Date :- 26.2.2019 / N.S.Rathour