Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16465 of 2019 Petitioner :- Ranjan @ Boby Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Vinay Kumar, learned counsel for the petitioner and Sri Irshad Hussain, learned AGA 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 15.5.2019, registered as case crime no.131 of 2019, u/s 41, 102, 411 IPC, P.S. Narkhi, district Firozabad.
Learned counsel for the petitioner submits that the petitioner is stated to have fleen from the place of occurrence. The co-accused Awadhesh was found to be involved in a case of N.D.P.S. Act and contraband article Ganga was found from him who has been released on bail but present FIR has been registered against the petitioner and no case has been registered against the petitioner under the N.D.P.S. Act. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the motorcycle in question which was used in the crime was also found to be stolen one hence FIR 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 petitioner.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Gaurav