Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10711 of 2018
Petitioner :- Ramod @ Ram Niwas Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashish Dwivedi, learned counsel for the petitioner, Sri Irshad Hussain, 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 13.1.2018 registered as Case Crime No. 17 of 2018 under sections 452, 354 Kha, 506 I.P.C. and 8 POCSO Act, police station Collector Bookganj, district Bareilly.
Learned counsel for the petitioner submits that the respondent no. 3 is property dealer. The petitioner had given him Rs. 20,000/- for the purchase of a plot but the said deal could not materialize and when the petitioner asked the respondent no. 3 to give the said money back, he lodged the present F.I.R. by misusing his daughter, hence the same 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 in the statement recorded under section 164 Cr.P.C., the victim has levelled specific allegation against the petitioner.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 26.4.2018 Shiraz