Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2406 of 2019
Petitioner :- Sabhajeet
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Kumar Misra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.
Heard Sri D.K. Mishra, learned counsel for the petitioner, Sri Jai Narain, learned A.G.A.-I 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 18.12.2018 registered as Case Crime No. 1150 of 2018 under sections 420, 466, 467, 468, 471 I.P.C., police station Naubasta, District Kanpur Nagar.
Learned counsel for the petitioner submits that as per the allegations made in the F.I.R., the petitioner has demanded Rs. 20 lacs from respondent no. 4 for providing him a job in I.B. department. It is stated that in this regard the respondent no. 4 has transferred Rs. 14 lacs into the account of the petitioner through R.T.G.S. and had given the remaining amount of Rs. 6 lacs in easy installments but in fact no amount has been transferred into any of the bank account of the petitioner as is evident from his statement of account annexed as S.A.1 and 2, 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 writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 29.1.2019/Shiraz