Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25796 of 2018
Petitioner :- Rohit Chauhan
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Rana Counsel for Respondent :- G.A
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikrant Rana, 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 24.5.2018 registered as Case Crime No. 757 of 2018 under section 406, 420 I.P.C., police station Sector-20, Noida, District Gautam Budh Nagar.
Learned counsel for the petitioners submits that the petitioner has worked in the Company in question for two months. One of the Director of the said Company has challenged the impugned F.I.R. before this Court in Crl. Misc. Writ Petition No. 16621 of 2018 in which some interim protection has been granted to him by co- ordinate Bench of this Court on 22.6.2018, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses 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 prayer for the same is hereby refused.
However, if the petitioner move bail application before the court below, the court below while considering his bail application shall take into account the aforesaid fact as has been argued by learned counsel for the petitioner.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 17.9.2018/Shiraz